Recent research in moral psychology has attempted to characterize patterns of moral judgments of actions in terms of the causal and intentional properties of those actions. The present study directly compares the roles of consequence, causation, belief and desire in determining moral judgments. Judgments of the wrongness or permissibility of action were found to rely principally on the mental states of an agent, while judgments of blame and punishment are found to rely jointly on mental states and the causal (...) connection of an agent to a harmful consequence. Also, selectively for judgments of punishment and blame, people who attempt but fail to cause harm more are judged more leniently if the harm occurs by independent means than if the harm does not occur at all. An account of these phenomena is proposed that distinguishes two processes of moral judgment: one which begins with harmful consequences and seeks a causally responsible agent, and the other which begins with an action and analyzes the mental states responsible for that action. Ó 2008 Elsevier B.V. All rights reserved. (shrink)

This paper takes up Nietzsche’s contrast between a relatively enduring ‘drama’ of punishment, which consists in sequences of procedures, and a congeries of often discrepant meanings and purposes of the drama and contrasts it favorably with the distinction between a definition of punishment and a justification for it which received a good deal of attention in the middle of the twentieth century in anglophone philosophical circles. My chief thesis is that the philosophical lesson to be drawn from the (...) widely acknowledge failure of efforts to further the philosophical understanding of punishment by the latter route is Nietzsche’s: that the concept in question and the practices that fall under it are fundamentally insusceptible to ahistorical methods. I argue for the thesis proper in the first section of the paper, and explore consequences of it for our understanding of the connection between punishment and justice in the second. (shrink)

Includes a translator’s preface, note on the text, and suggestions for further reading.

This is a review essay of Lagasnerie, Judge and Punish and Fassin, The Will to Punish. It explores the way that these two books challenge conventional thinking about the relationship between crime and punishment.

Meeting of the Aristotelian Society at 21, Bedford Square, London, WCI, on 29/A October,, at 7.30 pm PAPERS READ BEFORE THE ...

This paper focuses on the role of punishment as a critical social mechanism for cheating prevention in MMORPGs. The role of punishment is empirically investigated in a case study of the MMORPG Tibia and by focusing on the use of bots to cheat. We describe the failure of punishment in Tibia, which is perceived by players as one of the elements facilitating the proliferation of bots. In this process some players act as a moral enterprising group contributing (...) to the reform of the game rules and in particular to the reform of the Tibia punishment system by the game company. In the conclusion we consider the ethical issues raised by our findings and we propose some general reflections on the role of punishment and social mechanisms for the governance of online worlds more generally. (shrink)

When we read The Trial and In the Penal Colony together, we read about the logic of law, crime, punishment, and guilt. Of course, we cannot know the law, or, as Kafka writes, we cannot enter the law. I interpret the idea in this way: the law opens a gate to the truth. Alas, no one can enter the law, or come to know the truth, as Kafka says. The consequences are devastating: one cannot know the name of (...) one’s own crime, which is to say guilt is eternal and permanent; nothing can absolve us. Only one solution exists. Josef K. in The Trial should have committed suicide like the Officer in “Penal Colony.” That is to say, perhaps, that you always are your own judge and executioner. Guilt cannot be doubted and thus, you are doomed. Both narratives are cruel and ruthless in their own way in their moral pessimism. (shrink)

This essay enquires into the implications for criminal law of Derrida’s analysis in the Death Penalty seminars. The seminars include a reading of Kant’s Metaphysics of Morals, specifically Kant’s reflections on the sovereign right to punish, which is read in conjunction with the reflections of Freud and Reik on the relation between the unconscious and crime, as well as Nietzsche’s reflections on morality, punishment and cruelty. What comes to the fore in Derrida’s analysis is a system of economic (...) exchange operating on an unconscious level, of which criminal law forms an intrinsic part. Derrida’s analysis of the ‘origin’ of crime in the seminars poses serious questions to the assumption of freedom underlying modern criminal law. The link, which he posits between punishment and political theology, likewise challenges the existing theories and forms of punishment. What the seminars call for, in the name of the Kantian Enlightenment, is a radical break with economic circularity as it operates in respect of crime and punishment. (shrink)

In Crime and Punishment in Islamic Law: A Fresh Interpretation, Mohammad Kamali considers problems associated with and proposals for reform of the hudud punishments prescribed by Islamic criminal law, and other topics related to crime and punishment in Shariah.

With some exceptions, it appears that the non-incarcerated world spends little time, if any at all, thinking about how prisoners are treated, whether during detainment or incarceration, after release, or when being put to state-sanctioned death. Of course, in part this is understandable, as the processes of punishment for breaking the social contract have moved from being public spectacle (once serving as a display of the sovereign’s power and as simultaneous warning and entertainment for lookers-on) to a private and (...) “strange scientifico-juridical complex” (Foucault 1995, 19) with the veneer of “modernity” and “civility,” theoretically drawing a clear line between the horrors of the crimes committed and those of the punishment (Sarat 2014). But even in the 21st century, the distinction is fuzzy at best. Incarcerated populations around the globe continue to be at greater risk of infectious diseases than non-incarcerated persons in the same communities (see da Cruz and Rich 2014), prison .. (shrink)

In this paper, I will approach the problem of normalization within the context of crime and punishment in Nietzsche and Foucault. In modern theory and law, a linear, causal relationship has been established between crime and punishment with no regard to the socio-cultural context in which crimes and punishments take place. It was not until the nineteenth century that the problems of this relationship were exposed most notably by Dostoyevsky in fiction and later by Nietzsche in (...) his theoretical writings (the essays) and in his introspective reflections (the aphorisms). Although, according to Foucault, the reformists of penal institutions around the turn to the nineteenth century expanded the domain of crime and punishment to other areas and social contexts, they too were not radical enough tounderstand the problem of crime and punishment in-depth and were not, therefore, capable of exposing them as a syndrome that is deeply rooted in the Occidental world-interpretation, its values and institutions. What I would like to show in this paper is how the syndrome of crime and punishment in the West is intricately tied to, what Nietzsche calls, the morality of good and evil (the slave morality, its absolute truth, and its normalizing trend and power) and how Foucault transplants the Nietzschean critical project to its institutional context. Despite agreements and continuities between the two thinkers, no doubt their differences toowill come to surface in this study. (shrink)

Presenting an engaging critique of current criminal justice practice in the UK and USA, this book introduces central questions of criminal law theory. It develops a forceful argument that the prevailing justifications for punishment are misguided, and have resulted in the systematic infliction of unnecessary human misery.

Every criminal act ought to be matched by a corresponding punishment, or so we may suppose, and every punishment ought to reflect a criminal act. We know how to count punishments. But how do we count crimes? In particular, how does our notion of a criminal action depend on whether the prohibited action is an activity, an accomplishment, an achievement, or a state?

Societies and communities are understood as orders (or laws) of persons, i.e., types of arrangements of human relations that are in principle conflict-free or equipped to solve conflicts among their members. As not all human relations fall into member-member patterns, there is need for the concept of a natural order (law) of persons, regardless of their memberships. The main theme is the comparison of the three orders, with special focus on how they deal with crime, punishment and law (...) enforcement. (shrink)

This is the only anthology that focuses exclusively on the two central issues in the philosophy of criminal law: (1) What kinds of behavior should society criminalize?; and (2) What should society do with those who engage in such behavior?

This article explores how historical narratives affect the evaluation of political decisions regarding justice during peace negotiations. Specifically, this study evaluates how different narratives of the Colombian armed conflict relate to the preference for either restorative or retributive justice. Results revealed that a historically accurate narrative that included structural elements correlated with the preference for restorative justice, whereas a schematic narrative that focused on individual greed favoured the preference for retributive justice. These results are explained in terms of the characteristics (...) of expert historical narratives, which include structural elements, such as economic and institutional factors. The presence of these elements in the explanation of conflicts decreases the weight of individual decisions and, in this way, prevent ingroup attributional biases. (shrink)

Presenting an engaging critique of current criminal justice practice in the UK and USA, this book introduces central questions of criminal law theory. It develops a forceful argument that the prevailing justifications for punishment are misguided, and have resulted in the systematic infliction of unnecessary human misery.

ABSTRACTAt the heart of the criminal reform proposed in Cesare Beccaria’s 1764 Dei delitti e delle pene are the principles of penal parsimony derived from a precise interpretation of the social contract. Punishment, being no more than a necessary evil devoid of any intrinsic virtue, must serve no more than a preventative function to the smallest possible extent; its application strictly bound by the principle of legality. Beccaria’s criminal philosophy, therefore, attempts to drastically reduce the power of the penal (...) institution. After recounting its principal aspects, this article seeks to propose a new interpretation of Beccaria’s theory from the perspective of its historical context. The Italian Enlightenment philosopher did not so much express indignation against the barbarism of the Milanese penal system, but rather instigate a rebellion against the political dominance of its patriciate, whose power had long been validated by its juridical functions. In this respect, Beccaria sought to combat the political hegemony of the jurists, concluding his treatise by excluding juridical thought from, and thus removing the intellectual foundations of, the practice of criminal law. (shrink)

The article discusses the link between freedom, crime and punishment. According to some theorists, crime does not only cause a person to have less freedom; it constitutes, _in and of itself_, a breach of the freedom of others. Punishment does not only cause people to have more freedom, for instance by preventing crimes; it constitutes, _in and of itself_, respect for mutual freedom. If the latter claims are true, crime and punishment must have certain (...) _meanings_ that make them denials/affirmations of freedom irrespective of their consequences. My aim is to show that such an immanent connection between crime/punishment and freedom exists. I do so by explicating the “natural meaning” of crime and punishment. This way of addressing the topic is inspired by Jean Hampton’s use of H. P. Grice’s concept of natural meaning. Expanding on Hampton’s theory, drawing on both H. L. A. Hart and Kant, I argue that crime has the natural meaning of denying freedom, and punishment has the natural meaning of affirming freedom. The paper presents an ideal theory, not a justification for actual criminal justice practices, which in most countries unfortunately fail to instantiate the value of mutual freedom. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:The Journal of Aesthetic Education 38.1 (2004) 1-11 [Access article in PDF] The Artistic Failure of Crime and Punishment Crime and Punishment Hugh Mercer Curtler This essay begins by noting some fundamental differences between poets, in the broad sense of that term, and philosophers, or those who reflect discursively. It then moves to an examination of the epilogue to Crime and Punishment where (...) Dostoevsky abandons poetry in order to make a philosophical statement about human freedom. 1 Indeed, it can be said that much of Dostoevsky's mature writing was a battle between the man's urge to make pronouncements and the poet's need to control those urges. Fortunately, the poet nearly always won; at times he did not. This can be seen in the case of Crime and Punishment where Dostoevsky, the man, insisted on formulating an idea, specifically, the "idea of freedom." This statement marks the artistic failure of the novel, a concession on the part of the poet to the man. The tension in this novel, and indeed in many novels, is an important focalpoint in the teaching of great literature, because readers of fiction frequently forget that great novels are also great works of art. In this regard, despite the fact that he is an extremely careful reader of Dostoevsky's books, the psychologist/critic René Girard misses in his quest to find hidden messages — precisely what makes Dostoevsky a great artist who writes novels. 2 What this means to teachers of exceptional literature is that we must be attuned not only to what the author says, but also to the way in which he or she says it. In his writings about Dostoevsky, Girard is not terribly interested in what the poet has to say; he is interested in the way the man works out a particular psychological problem. Consequently, like many other critics, Girardglosses over the fundamental difference between the body of Crime and Punishment and its epilogue. Poetry and Philosophy Contrasted There is no truth in art, strictly speaking. If the term "true" has any application whatever to the world of art, it means "honest," or "true to life" [End Page 1] (which, as Kafka has shown, is not terribly important). Moreover, "true" may refer to the work's adherence to rules of craft, its internal harmony and coherence as a distinctive work of the human imagination. What one finds in poetry or linguistic art is a hodgepodge of images, thought fragments, figures, episodes, incidents, hints, and bits and pieces, and (if the poet is a good one) stunning insights. Poetry is, like all art, ineluctably ambiguous. It does not have a "message"; it has many messages. This is precisely why we need art and what makes art different from philosophy in its struggle to eliminate ambiguity. We will not find truth, in the form of knowledge or understanding, among the poet's wares, since knowledge, systematized and rendered coherent by means of the laws of thought, is the charge of the philosopher and his modern stepchildren.What this means is that those who approach novels intent upon finding a message run the risk of hammering poetry into a sheet by reducing it to philosophy. But novels, if they are any good, are not philosophical treatises, and this sort of reduction glosses over fundamental differences of scope and method.In an age that collapses distinctions lazily in order to reduce complex matters to simple terms, we must insist upon the fundamental differences between poets and philosophers. The domain of the philosopher is that of the concept or the principle, of ideas as objects of reflection. Philosophers deal in discursive thought as they seek logical coherence and conceptual clarity. The poet may employ ideas, but he uses them and embodies them imagistically: he does not try to develop them or verify them. 3 The philosopher's domain is unfriendly and unfamiliar to the poet. The law of contradiction reigns supreme there, and this law is anathema to the poet with his love of paradox.The poem presents images that must be apprehended in... (shrink)

In lieu of an abstract, here is a brief excerpt of the content:The Journal of Aesthetic Education 38.1 (2004) 1-11 [Access article in PDF] The Artistic Failure of Crime and Punishment Crime and Punishment Hugh Mercer Curtler This essay begins by noting some fundamental differences between poets, in the broad sense of that term, and philosophers, or those who reflect discursively. It then moves to an examination of the epilogue to Crime and Punishment where (...) Dostoevsky abandons poetry in order to make a philosophical statement about human freedom. 1 Indeed, it can be said that much of Dostoevsky's mature writing was a battle between the man's urge to make pronouncements and the poet's need to control those urges. Fortunately, the poet nearly always won; at times he did not. This can be seen in the case of Crime and Punishment where Dostoevsky, the man, insisted on formulating an idea, specifically, the "idea of freedom." This statement marks the artistic failure of the novel, a concession on the part of the poet to the man. The tension in this novel, and indeed in many novels, is an important focalpoint in the teaching of great literature, because readers of fiction frequently forget that great novels are also great works of art. In this regard, despite the fact that he is an extremely careful reader of Dostoevsky's books, the psychologist/critic René Girard misses in his quest to find hidden messages — precisely what makes Dostoevsky a great artist who writes novels. 2 What this means to teachers of exceptional literature is that we must be attuned not only to what the author says, but also to the way in which he or she says it. In his writings about Dostoevsky, Girard is not terribly interested in what the poet has to say; he is interested in the way the man works out a particular psychological problem. Consequently, like many other critics, Girardglosses over the fundamental difference between the body of Crime and Punishment and its epilogue. Poetry and Philosophy Contrasted There is no truth in art, strictly speaking. If the term "true" has any application whatever to the world of art, it means "honest," or "true to life" [End Page 1] (which, as Kafka has shown, is not terribly important). Moreover, "true" may refer to the work's adherence to rules of craft, its internal harmony and coherence as a distinctive work of the human imagination. What one finds in poetry or linguistic art is a hodgepodge of images, thought fragments, figures, episodes, incidents, hints, and bits and pieces, and (if the poet is a good one) stunning insights. Poetry is, like all art, ineluctably ambiguous. It does not have a "message"; it has many messages. This is precisely why we need art and what makes art different from philosophy in its struggle to eliminate ambiguity. We will not find truth, in the form of knowledge or understanding, among the poet's wares, since knowledge, systematized and rendered coherent by means of the laws of thought, is the charge of the philosopher and his modern stepchildren.What this means is that those who approach novels intent upon finding a message run the risk of hammering poetry into a sheet by reducing it to philosophy. But novels, if they are any good, are not philosophical treatises, and this sort of reduction glosses over fundamental differences of scope and method.In an age that collapses distinctions lazily in order to reduce complex matters to simple terms, we must insist upon the fundamental differences between poets and philosophers. The domain of the philosopher is that of the concept or the principle, of ideas as objects of reflection. Philosophers deal in discursive thought as they seek logical coherence and conceptual clarity. The poet may employ ideas, but he uses them and embodies them imagistically: he does not try to develop them or verify them. 3 The philosopher's domain is unfriendly and unfamiliar to the poet. The law of contradiction reigns supreme there, and this law is anathema to the poet with his love of paradox.The poem presents images that must be apprehended in... (shrink)

This thesis examines some of the legal philosophical issues that are implicated in the problem of outcome luck. In the context of criminal law, the problem asks whether we should hold agents criminally liable for the consequences of their actions given that those consequences are never wholly within anyone’s control. I conclude that outcomes should matter to an agent’s liability and punishment, and I make this argument indirectly by examining some of the foundational questions in legal theory. The thesis (...) begins by considering a current trend in some areas of philosophy. This trend involves attempts to address philosophical problems surrounding luck by doing conceptual analyses on the nature of luck. Chapter 1 critically examines modal theories, which conceptualize luck, as well as the related concept of risk, in terms of close possible worlds rather than probabilistic likelihood. I argue that not only are modal theories uninformative, but conceptual analyses on luck are unhelpful in addressing philosophical questions surrounding luck. Chapter 2 then returns to the traditional notion of luck as lack of control, and focuses on the relationship between luck, risk, and culpability. Some theorists argue that culpability, for any offence, is in part a function of the degree of risk the agent imposes on others. In the context of criminal law, degrees of luck and risk can both be understood in terms of degrees of control, so the suggestion that culpability is a function of the level of risk imposed (and thus of the degree of control an agent exercises) is attractive for insulating culpability judgments from luck. However, I argue that this view is mistaken because culpability is only sensitive to risk in reckless actions, but not in purposeful actions. The problem of outcome luck may raise different questions for reckless actions and purposeful actions. Chapter 3 looks at the mens rea element of criminal attempts, which is crucial for understanding the problem of luck in the context of purposeful actions. I discuss a variation of what are sometimes referred to as impossible attempts, which have helped shape current English law. I argue that the current doctrine is largely correct, and that perhaps with the exception of few paradigm sexual offences, the mens rea element for attempts should require a direct intention as to the consequence element of an offence, and knowledge or belief as to the circumstance element of that offence. Chapters 4 and 5 then look at normative justifications of criminal punishment. In order to understand whether outcomes should matter for punishment, we must first understand whether and why punishment is an appropriate response to criminal offending. Here, I defend a communicative theory, where punishment is a communicative process between the offender, the political community, and the victim. What punishment communicates is the appropriate degree of censure that is warranted in response to the offender’s wrongdoing. And in doing this, it publicly recognizes the wrong that has been committed by the offender. Chapter 4 offers a detailed explanation of this account, and argues that the political community’s recognition of wrongdoing is a valuable aim of communication. Chapter 5 then takes up a crucial challenge against communicative theories of punishment, which is that such theories fail to take crime prevention seriously. Against this criticism, I will show that general prevention can in fact be an essential part of communicative punishment. And I will show that it is specifically the political community’s recognition of wrongdoing that entails punishment’s preventive aims. (shrink)

The purpose of the study is to consider the concept of "philosopheme", which allows analyzing such basic categories of philosophical and legal reflections of the writer and thinker F.M. Dostoevsky as crime and punishment and correlating their interpretation with his personal life experience. The scientific novelty of the work lies in the fact that through the disclosure of the content of the philosophems "crime" and "punishment", the existential aspects of F.M. Dostoevsky's anthropological and philosophical-legal reflections are (...) revealed. As a result of the analysis of Dostoevsky's novel "Crime and Punishment", his other works, the writer's letters, autobiographical testimonies, it becomes clear that the core of these philosophies for Dostoevsky is a moral code that allows a person to overcome the" disconnection "and" disconnection " of modern man's being both with himself and with society. (shrink)

This paper focuses on the role of punishment as a critical social mechanism for cheating prevention in MMORPGs. The role of punishment is empirically investigated in a case study of the MMORPG Tibia (Cipsoft 1997–2011 ) ( http://www.tibia.com ) and by focusing on the use of bots to cheat. We describe the failure of punishment in Tibia, which is perceived by players as one of the elements facilitating the proliferation of bots. In this process some players act (...) as a moral enterprising group contributing to the reform of the game rules and in particular to the reform of the Tibia punishment system by the game company. In the conclusion we consider the ethical issues raised by our findings and we propose some general reflections on the role of punishment and social mechanisms for the governance of online worlds more generally. (shrink)

This volume brings together philosophers and literary scholars to explore the ways that Crime and Punishment engages with philosophical reflection. The seven essays treat a diversity of topics, including: self-knowledge and the nature of mind, emotions, agency, freedom, the family, the authority of law and morality, and the self.

Over the last forty-five years, there have been three monumental stories on the national American crime scene: a run up in crime in the 1960s, a move towards a more punitive American justice system starting in the 1970s, and a strong decline in US crime rates beginning in the 1990s. At the center of understanding these three stories lies Gary Becker's pioneering work on the economics of crime . Becker offered a price theoretical model in which (...) criminals are viewed as rational actors seeking to maximize their benefits in choosing certain criminal actions while minimizing their costs. Becker's model has not only shaped academic debate on the topic of criminal behavior since the 70s, but it has also had a powerful impact on governmental policies regarding crime and justice. Most significantly, Becker's work_—with some of its nuance overlooked_—ended up providing intellectual backing to the increasingly punitive and harsh nature of the American justice system, as reflected in the massive increases in incarceration levels and the revival of the use of the death penalty.While Becker correctly predicted that massive increases in incarceration would have a dampening effect on crime, the supporters of this policy have not been attentive to the need to weigh costs as well as benefits in assessing the major prison build-up. Evidence that equal crime reductions could be achieved through targeted social spending merits consideration, since Becker noted that improving the legal opportunities available to potential criminals could be as potent a deterrent to crime as increasing the cost of criminal choices. Furthermore, I review current research in the death penalty debate and argue that—contrary to the positions defended by Becker and many ardent disciples of price-theory— the empirical evidence does not currently support the conclusion that the death penalty as administered in the United States has served as a deterrent to crime. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Stewart R. Sutherland LANGUAGE AND INTERPRETATION IN CRIME AND PUNISHMENT OF some novels it is possible to argue with justification that the problems of interpretation and understanding begin on the first page. Of Dostoyevsky's Crime and Punishment it is possible to contend that the problems of interpretation and understanding begin on the title page. The terms "crime" and "punishment" are overtly moral. The (...) novel is read in the context of a title which exhibits its values where they may be seen by all. What significance must we attach to the choice of such a title? It is possible that the title gives to us a characterization of the content of the novel which, retrospectively, we can only regard as either self-consciously ironical, or perhaps pathetically so, but how are we to decide whether this is more than a possibility? Having raised this question, I propose to set it aside in the hope of returning to it equipped with the experience derived from a number of literary and philosophical digressions. The literary and conceptual style of critical comment upon a novel often betrays much that is definitive of the response being elucidated. If one compares and contrasts Philip Rahv's essay on Crime and Punishment with the appropriate chapter of Mochulsky's Dostoevsky,2 the implication of this general claim may be clarified. My intention here is to use largely ostensive means to suggest the radically different accounts of the novel given to us by these two writers. That the conclusions are different is hardly in need of statement. What is worth examining is the character of the language and of the arguments used to substantiate those conclusions. The point of my discussion will rest not upon assessing the accuracy or legitimacy of particular judgments, but rather upon delineating the general contours of the intellectual contexts in which these judgments are offered. 223 224Philosophy and Literature Rahv's focus is on the character or psyche of Raskolnikov. The novel is seen largely in the form of a psychological study of the mind of the murderer. He reminds us that a central problem for Raskolnikov, for the reader, and for Dostoyevsky himself, is the identification of Raskolnikov's motive—not that there is an absence of motives, indeed quite the reverse: "He is soon lost in the maze of his own motivation" (p. 20). His mind spins incessantly upon an axis the nature of which is nowhere made unambiguously apparent. Nor, it seems, can we replace our search for a motive, or the sufficient reason for action, by identifying a supreme assertion of will: again, on the contrary, we are told, "Dostoyevsky is the first novelist to have fully accepted and dramatized the principle of uncertainty or indeterminacy in the presentation of character" (p. 21). Despite that, however, the success of the novel rests upon Dostoyevsky's skills in allying the insight "... that human consciousness is inexhaustible and incalculable" (p. 19), to "his capacity to combine [seeming contradictions] in a single brain and a single psyche, while staving off the danger of incoherence at one end and of the specious reconciliation at the other..." (p. 38). The mood ofRahv's treatment of the novel is dominated in this way by the language of (largely popularized) psychology—"pathological depression," "nameless guilt-feelings," "wishful fantasy"—and not surprisingly, he sees his own preoccupations as mirroring those of Dostoyevsky: "What Dostoyevsky has done in revising Raskolnikov's justification is to convert into a theory of human nature what is in Hegel not a psychological theory at all but a theory of men as subjects and objects of history" (p. 34). Mochulsky, on the other hand, breathes a very different atmosphere. From the outset he talks of "the spiritual existence of Dostoyevsky's heroes," and he says of a man who wills a murder or one who "betrays himself to the powers of dark necessity" (pp. 302-303), "The murderer has stepped beyond something more than the moral law: the very basis ofthe spiritual worlditself" (p. 303). "The whole tragedy of man-godhood," he tells us, "is expressed in these few words: 'It seems to me,' Raskolnikov says, 'truly great people experience an immense... (shrink)

Crime takes its toll on any community. Crime does not always make a criminal. Therefore, punishment, once served, should be adequate for reconciliation and not deprive a person of life, liberty, and a remunerable career. Taking an honest look at the system is taking an even more honest look at the self and how it treats other people.

Rodion Raskolnikov, the central figure in Dostoyevsky’s Crime and Punishment, is one of the best-known characters in the world of the novel but one who continues to pose major interpretive problems. Why exactly does he murder the old pawnbroker and her sister? Why, throughout the novel, does he continue to believe that he has committed no crime? And why, despite this belief, does he suffer a form of psychological breakdown and eventually give himself up to the police? (...) This article, which traces Raskolnikov’s literary ancestry to Les Liaisons dangereuses and Le Père Goriot, argues that Raskolnikov, a prototype of the modern “virtuous assassin” described by Albert Camus in L’Homme révolté, commits murder to implement a “magnificent” idea that will establish his worth as a human being. His ultimate collapse results not, as sometimes suggested, from guilt or remorse, or a belief that he has deluded himself about his motives, but from the state of irremediable solitude into which his act plunges him. (shrink)

Cesare Beccaria’s On Crimes and Punishments has had a profound impact on, and made significant contributions to, among others, the study of law, justice, crime, and punishment. Unsurprisingly, there is a voluminous literature on this text. This article subjects Beccaria’s treatise to an exegetical reading and focuses on the aesthetic inquiry at heart of the text. Beccaria professes to undertake a rigorous scientific inquiry into crime and punishment. He repeatedly invokes language from modernity and the enlightenment—e.g., (...) probability, correlation, and other mathematical tools (e.g., geometry)—to ground the scientific nature of his treatise. Yet, what Beccaria engages with is aesthetic and what is produced is not scientific knowledge but aesthetic knowledge. Rather than read this as a criticism, the article highlights how the concept of justice—like beauty or virtue—is, and can only or largely be, a matter of aesthetic inquiry, and explicates why Beccaria’s text ought to be read as an aesthetic inquiry into justice. (shrink)

In this article, I argue that Hegel's complete and mature view of crime and punishment is more robust than many interpretations of the Unrecht passage in the ‘Abstract Right’ section of Hegel's Elements of the Philosophy of Right suggest. First, I explain the value of revisiting the interpretation of Hegel as a simple retributionist in the contemporary debate. Then, I look at Hegel's treatment of crime and punishment in the section on abstract right to show the (...) role of punishment in Hegel's account. Next, I argue that this needs to be situated in Hegel's broader social philosophy and that we can accomplish this by looking at how the Unrecht passage fits in the Elements of the Philosophy of Right’s dialectical structure. I do so by building on the sections on civil society and state in the part of Elements of the Philosophy of Right dealing with ethical life (Sittlichkeit), which include considerations of prevention and rehabilitation. I contend that this analysis reveals an account of punishment as more complicated than simple retribution. (shrink)

We study the dynamics and stability of the economics of crime and punishment game from an evolutionary perspective. Specifically, we model the interaction between agents and controllers as an asymmetric game exploring the dynamics of the classic static model using a replicator dynamics equation, given exogenous levels of monitoring and criminal sanctions. The dynamics show five possible equilibria, from which three are stable. Our results show that a culture of honest agents is never stable; however when the penalty (...) is high enough, the system will neutrally tend to an equilibrium of honest agents and a monitoring firm. By contrast, when the probability of detecting wrongdoing is small, the system, in some cases, will remain in a transient state, in which it is impossible to predict the proportion of honest agents. (shrink)

Contemporary criminal justice systems are extraordinarily unfair. Focusing on Hyman Gross’s Crimes and Punishment: A Concise Moral Critique, however, I identify ways in which scholarly criticisms of these criminal justice systems tend to miss their target. In particular, I argue against the assumption that in order to criticize these criminal justice systems we need to cast doubt on the very practice of blaming people and on the notion of desert, or that we need to reject wholesale retributive rationales for (...) punishment. Quite the contrary: an important reason why contemporary criminal justice systems are unfair is that they punish many people undeservedly. (shrink)

In a paper published in 2006, I argued that the best way of defending something like our current practices of punishing war criminals would be to base the justification of this practice on an expressive theory of punishment. I considered two forms that such a justification could take—a ‘denunciatory’ account, on which the purpose of punishment is supposed to communicate a commitment to certain kinds of standard to individuals other than the criminal and a ‘communicative’ account, on which (...) the purpose of the punishment is to communicate with the perpetrator, and argued for a denunciatory account which I developed at some length. In this paper I would like to reconsider the plausibility of a communicative account. One difficulty that such accounts face is that the punishment of war criminals often involves the inflicting of harsh treatment on them by individuals who are members of states other than their own. On a communicative account this is problematic: on such an account—or at least on the version of it proposed by Duff (2000)—it is essential that those who are punish and those who punish them belong to a single community. When this requirement is not satisfied harsh treatment does not constitute punishment. Duff has argued that the problem can be solved by regarding all human beings as members of a single moral community: here I argue that this suggestion is unsatisfactory and propose an alternative. One consequence of my account is that if it is correct there may limitations on the range of kinds of war criminal that can legitimately be punished by international tribunals. (shrink)