Abstract

Most people who write about punishment ask, Why may we punish the guilty? I want to ask, Why should the guilty put up with it? or, more specifically, To what extent does a person guilty of an offense have a duty to submit to punishment? ;This question forms the topic of the thesis. The work is divided into two parts, of three chapters each. In Part 1, I argue for the importance of the question. In Part 2, I try to answer the question. ;In Chapter 1, I argue for the claim that the question of submission to punishment is in fact the central question of the theory of punishment. This being conceded, I argue in chapters 2 and 3 that we must consequently change our conception of punishment. We cannot define 'punishment' in the traditional way, as necessarily involving pain, suffering, or other sorts of disvalue ; rather, 'punishment' is to be defined by the justificatory connection between punishment and offense . ;In Chapter 4, I develop what I call the rectificatory theory of punishment. This theory views some punishments as required in order to maintain the equality of basic liberties: people who commit certain offenses thereby arrogate excess basic liberties, and must by way of punishment give up an equivalent body of liberties. In Chapter 5, I incorporate the rectificatory theory into a more general theory of punishment, a theory derived from John Rawls's version of the social contract. I argue there that punishment derives from the social contract in three distinct ways: by literal application, by reinterpretation, and by repudiation. Finally, in Chapter 6, I argue that this theory of punishment requires us to look at the contract in a certain way: the contract establishes a relationship of fraternity among the parties, not merely as a pleasant after-effect, but as something essential to the contract