The Priority of Politics and Procedure over Perfectionism in Penal Law, or, Blackmail in Perspective

Criminal Law and Philosophy 3 (3):247-260 (2009)
  Copy   BIBTEX

Abstract

Criminal law theory concerns itself with the justification of punishment. Conflicting moral theories of punishment will be held in liberal democracies. The positive law therefore neither will nor should reflect exclusively a single moral theory of punishment. Like the institutions for making law, the institutions for enforcing it will cause punishments imposed to deviate from what pure moral theory might prescribe. These claims are illustrated by the debate over blackmail prohibition. The best rationale for prohibition is not the moral argument that blackmailers culpably cause harm, but the political argument that blackmailers threaten the state’s claimed monopoly on punishing crime.

Links

PhilArchive



    Upload a copy of this work     Papers currently archived: 74,247

External links

Setup an account with your affiliations in order to access resources via your University's proxy server

Through your library

Similar books and articles

Punishment and Freedom.Alan Brudner - 2012 - Oxford University Press.
Punishment, Communication and Community.Antony Duff - 2003 - In Derek Matravers & Jonathan E. Pike (eds.), Debates in Contemporary Political Philosophy: An Anthology. Routledge, in Association with the Open University.
Making Room for Hate Crime Legislation in Liberal Societies.Mohamad Al-Hakim - 2010 - Criminal Law and Philosophy 4 (3):341-358.
''Deterrent Punishment and Respect for Persons''.Zachary Hoskins - 2011 - Ohio State Journal of Criminal Law 8 (2):369-384.

Analytics

Added to PP
2010-09-13

Downloads
37 (#312,542)

6 months
1 (#415,205)

Historical graph of downloads
How can I increase my downloads?

Citations of this work

Add more citations

References found in this work

Political Liberalism.John Rawls - 1993 - Columbia University Press.
Political Liberalism.J. Rawls - 1995 - Tijdschrift Voor Filosofie 57 (3):596-598.
Two Concepts of Rules.John Rawls - 1955 - Philosophical Review 64 (1):3-32.
Punishment and Responsibility.H. L. A. Hart - 1968 - Philosophy 45 (172):162-162.

View all 7 references / Add more references