Abstract

The nine essays in this volume resulted from a symposium on "criminal justice and punishment" at the University of Nebraska at Omaha, in response to concerns about the workability and defensibility of any system of punishment. Among the contributors are Professors of Philosophy, Law, and Government, and the executive director of a Law Enforcement Commission. What emerges as the central focus of the book is a predominant interest in "retributivism." As J. B. Cederblom writes in the introduction, the retributive or "just deserts" theory of punishment has come to dominate at the present time. The extent to which the retributivist position is promoted in opposition to an indistinct representation of utilitarianism, makes the book less challenging as a statement of the retributive position on punishment. Without a doubt, the more recent works of R. M. Hare and David Lyons, among others writing on utilitarian theory, do much to make easy claims against the theory appear facile if not naive. It is interesting that the bibliography does not refer to Hare’s work and mentions only one essay by Lyons. This is not to condemn the book, however, for it serves an important role in reawakening philosophers to the importance of a long-standing debate with a revived and healthy retributivism. But it is a warning that it is oftentimes too easy to defend a position when the opposition is not represented at the hearing.