Abstract

Hanna argues that legal punishment is morally wrong because it is too morally risky. He first briefly explains how his argument differs from similar ones in the philosophical literature on legal punishment. Then he explains why legal punishment is morally risky, argues that it is too morally risky, and discusses objections. Put simply, his argument goes as follows. Legal punishment is wrong because we can never sufficiently reduce the risk of doing wrong when we legally punish people. We can never sufficiently reduce this risk because wrongful punishment is much worse than wrongful non-punishment and because punishment’s permissibility depends on the answers to a variety of difficult philosophical questions about which we are fallible.