Alfredo Traps in Durrenmatt’s tale discovers that he has brought off, all by himself, a murder involving considerable ingenuity. The mock prosecutor in the tale demands the death penalty “as reward for a crime that merits admiration, astonishment, and respect.” Traps is deeply moved; indeed, he is exhilarated, and the whole of his life becomes more heroic, and, ironically, more precious. His defense attorney proceeds to argue that Traps was not only innocent but incapable of guilt, “a victim of the (...) age.” This defense Traps disavows with indignation and anger. He makes claim to the murder as his and demands the prescribed punishment—death. (shrink)

Winner of the 1975 National Book Award, this brilliant and widely acclaimed book is a powerful philosophical challenge to the most widely held political and social positions of our age--liberal, socialist, and conservative.

A Monumental Figure of Western Thought Wrestles with the Question of God Immanuel Kant (1724-1804) is one of the most influential philosophers in the history of Western philosophy. His contributions have had a profound impact on almost every philosophical movement that followed him. Kant's teachings on religion were unorthodox in that they were based on rationality rather than revelation. Though logically proving God's existence might be impossible, it is morally reasonable to "act as if there be a God." His strictly (...) rational approach was considered so scandalous that the King of Prussia forbid him to teach or write further on religious subjects, which Kant obeyed until the king's death. A work of major importance in the history of Western religious thought, Religion Within the Limits of Reason Alone represents a great philosopher's attempt to spell out the form and content of a type of religion grounded in moral reason and meeting the needs of an ethical life. (shrink)

Retributive accounts of the justification of criminal punishment are increasingly fashionable, yet their proponents frequently rely more on suggestive metaphor than on reasoned explanation. This article seeks to question whether any such coherent explanations are possible. I briefly sketch some general doubts about the validity of retributivist views and then critique three recent efforts (by George Sher, Jean Hampton, and Michael Moore) to put retributivism on a sound basis.

This incisive book deals with the use of the criminal law to enforce morality, in particular sexual morality, a subject of particular interest and importance since the publication of the Wolfenden Report in 1957. Professor Hart first considers John Stuart Mill's famous declaration: "The only purpose for which power can be rightfully exercised over any member of a civilized community is to prevent harm to others." During the last hundred years this doctrine has twice been sharply challenged by two great (...) lawyers: Sir James Fitzjames Stephen, the great Victorian judge and historian of the common law, and Lord Devlin, who both argue that the use of the criminal law to enforce morality is justified. The author examines their arguments in some detail, and sets out to demonstrate that they fail to recognize distinction of vital importance for legal and political theory, and that they espouse a conception of the function of legal punishment that few would now share. (shrink)

A Monumental Figure of Western Thought Wrestles with the Question of God Immanuel Kant (1724-1804) is one of the most influential philosophers in the history of Western philosophy. His contributions have had a profound impact on almost every philosophical movement that followed him. Kant's teachings on religion were unorthodox in that they were based on rationality rather than revelation. Though logically proving God's existence might be impossible, it is morally reasonable to "act as if there be a God." His strictly (...) rational approach was considered so scandalous that the King of Prussia forbid him to teach or write further on religious subjects, which Kant obeyed until the king's death. A work of major importance in the history of Western religious thought, Religion Within the Limits of Reason Alone represents a great philosopher's attempt to spell out the form and content of a type of religion grounded in moral reason and meeting the needs of an ethical life. (shrink)

How can a system of criminal punishment be justified? In particular can it be justified if the moral demand that we respect each other as autonomous moral agents is taken seriously? Traditional attempts to justify punishment as a deterrent or as retribution fail, but Duff suggests that punishment can be understood as a communicative attempt to bring a wrong-doer to repent her crime. This account is supported by discussions of moral blame, of penance, of the nature of the law's demands, (...) and of the proper meaning and purpose of the criminal process of trial and verdict: it deals both with the ideals that should inform a system of criminal law and the extent to which those ideals are actualised in existing institutions and practices. The conclusion is pessimistic: punishment cannot be justified within our legal system; and this gap between the ideal and the actual presents us with serious moral dilemmas. (shrink)