Punishment and Reform

Criminal Law and Philosophy 8 (3):619-633 (2014)
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Abstract

The reform of offenders is often said to be one of the morally legitimate aims of punishment. After briefly surveying the history of reformist thinking I examine the ‘quasi-reform’ theories, as I call them, of H. Morris, J. Hampton and A. Duff. I explain how they conceive of reform, and what role they take it to have in the criminal justice system. I then focus critically on one feature of their conception of reform, namely, the claim that a reformed offender will obey the relevant laws for moral reasons. I argue on consequentialist grounds that this requirement is objectionable. Consequentialism has always accepted reform as one legitimate goal of punishment, but it will not accept the narrowly moral conception of it that we find in the quasi-reform theorists. I situate my criticism within criminal law theory, but I also consider the claim in moral theory that acting from moral motives has intrinsic value

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Steven Sverdlik
Southern Methodist University

Citations of this work

What is Criminal Rehabilitation?Lisa Forsberg & Thomas Douglas - 2022 - Criminal Law and Philosophy 16 (1):103-126.
What is Criminal Rehabilitation?Lisa Forsberg & Thomas Douglas - 2020 - Criminal Law and Philosophy 1:doi: 10.1007/s11572-020-09547-4.
Giving Wrongdoers What They Deserve.Steven Sverdlik - 2016 - The Journal of Ethics 20 (4):385-399.

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The Right and the Good. Some Problems in Ethics.W. D. Ross - 1930 - Oxford: Clarendon Press. Edited by Philip Stratton-Lake.

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