The justification of punishment and the justification of political authority

Law and Philosophy 5 (3):393 - 416 (1986)
  Copy   BIBTEX

Abstract

Philosophical accounts of punishment are primarily concerned with punishment by the (or: a) state. More specifically, they attempt to explain why the (a) state may justifiably penalize those who are judged to violate its laws and the conditions under which it is entitled to do so. But any full account of these matters must surely be grounded in an account of the nature and purpose of the state and the justification of state authority. Because they are not so grounded, deterrence and retributive theories are incomplete as they are typically formulated. The intuitions behind these theories can be satisfied in a variety of complete theories, i.e., theories that understand the justification of punishment in relation to the justification of state authority. A consequence of this is that at least some of the intuitions underlying deterrence and retributive theories can be satisfied at the same time by a given theory.

Links

PhilArchive



    Upload a copy of this work     Papers currently archived: 92,197

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

The Idea of a Justification for Punishment.Kevin Magill - 1998 - Critical Review of International Social and Political Philosophy 1 (1):86-101.
Punishment as Deterrence: Reply to Sprague.Anthony Ellis - 2005 - Philosophical Quarterly 55 (218):98 - 101.
Justification and the authority of norms.Linda Radzik - 2000 - Journal of Value Inquiry 34 (4):451-461.
Justification and the right to believe.Jeffrey Glick - 2010 - Philosophical Quarterly 60 (240):532-544.
Retributive parsimony.Richard L. Lippke - 2009 - Res Publica 15 (4):377-395.

Analytics

Added to PP
2009-01-28

Downloads
164 (#117,981)

6 months
10 (#275,239)

Historical graph of downloads
How can I increase my downloads?

Citations of this work

The Revolution and the Criminal Law.Adil Ahmad Haque - 2013 - Criminal Law and Philosophy 7 (2):231-253.

Add more citations

References found in this work

No references found.

Add more references