Over the past ten years or so, there has been a renewed interest in the moral education theory of punishment. The attractions of the theory are numerous, not least of which is that it offers hopes for a breakthrough in the apparently intractable debate between deterrence theorists and retributivists. Nevertheless, I believe there are severe problems with recent formulations of the theory. First, contemporary educationists all place great emphasis on autonomy, yet fail to show how continued respect for autonomy is (...) compatible with achievement of their stated punitive goals. Second, educationists have, and possibly must, take incarceration as the best available punitive sanction. Yet it is unclear how morally educative such a punishment will be. Third, contemporary educationists view punishment as a benefit to be conferred on an offender. But educationists have not succeeded in arguing that society is obligated to confer such benefits, nor have they adequately defended the Platonic moral psychology necessary to show that moral education is always a benefit to justly punished offenders. Fourth, contemporary educationists are hopeful that an indeterminate sentencing policy can be avoided, but I argue that such a policy is an ineliminable component of an educationist justification of punishment. Finally, I raise some doubts about the scope that educationist goals ought to have in any comprehensive theory of punishment. (shrink)

Over the past decade or so the term ‘communitarianism’ has been applied to a wide range of positions with great variation between them. This is not in itself an objection to its continued use, for a concept may be coherent and illuminating even though it shelters considerable diversity. What is troubling about the body of literature now labelled as communitarian is that it frequently appeals to images of community without giving the notion the analytical attention it deserves and that we (...) have come to expect in relation to other central political concepts such as ‘liberty’ and ‘justice.’ What I propose to do in this paper is to focus on a particular understanding of community which I think has been neglected in recent discussions, largely because it has not been sufficiently distinguished from others, and then to raise a question in the light of it which has been at the forefront of the debate: viz., can liberalism in its currently dominant form truly respect the value and importance of community? Several writers have responded to the critiques of liberalism develoged in the work of those such as Michael Sandel and Alasdair Macintyre by arguing that the basic framework of liberal thought is fully compatible with a due appreciation of community. Joel Feinberg, for example, attempts to show that ‘one can preserve one’s allegiance to personal autonomy in the way that liberalism requires while fully acknowledging the central and indispensable importance of community in human lives.’ I shall register some doubts about whether liberalism can show proper respect for community when ‘community’ is understood in the way I describe. (shrink)