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Honor and Revenge: A Theory of Punishment

Part of the Law and Philosophy Library Book Series (volume 104)

DOI: 10.1007/978-94-007-4845-3

ISBN: 978-94-007-4844-6

Publisher: Springer Netherlands - Springer Journals

Aug 1, 2012

Available

The Problem of Punishment

Kaufman, Whitley R. P.

Pages: 1 –18

[This chapter sets out the problem of punishment. Punishment involves inflicting massive harm (loss of life, freedom, etc.) on many millions of people, yet we have no clear idea whether the practice is morally justified. Indeed, we have no clear idea as to the very purpose of punishment: do we...
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Punishment as Crime Prevention

Kaufman, Whitley R. P.

Pages: 19 –45

[The deterrence theory of punishment is more accurately called the crime prevention theory, as deterrence is one of several possible methods of inflicting harm for the sake of crime prevention. Deterrence includes General Deterrence (punishing one person to influence others) and Specific...
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Can Retributive Punishment Be Justified?

Kaufman, Whitley R. P.

Pages: 47 –72

[The most important and influential theory of punishment both historically and in the present day is the retributive theory, according to which punishment should be inflicted simply because the wrongdoer deserves it, irrespective of any future benefits such as crime prevention. The problem has...
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The Mixed Theory of Punishment

Kaufman, Whitley R. P.

Pages: 73 –92

[For a brief period in the middle of the twentieth century, it was widely believed that the problem of punishment had finally been solved. The purported solution involved taking elements from both the utilitarian and the retributive theories and creating a “mixed” or hybrid theory. From...
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Retribution and Revenge

Kaufman, Whitley R. P.

Pages: 93 –112

[It is almost universally accepted among retributivists that revenge and retributive punishment are fundamentally different, the first being immoral but the second moral. Robert Nozick’s influential argument presents numerous features on which they purportedly differ, including the idea that...
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What Is the Purpose of Retribution?

Kaufman, Whitley R. P.

Pages: 113 –146

[The essential challenge to retribution from the Abolitionists is that it, like revenge, violates the Intending Harm Requirement. That is, uniquely among moral practices, it appears to involve intentionally inflicting harm on persons. However, we construct an alternative account of both revenge...
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Making Sense of Honor

Kaufman, Whitley R. P.

Pages: 147 –166

[This chapter engages in an analysis of the concept of honor. It begins with a critique of the evolutionary account of honor, according to which retribution and revenge are evolutionary adaptations the purpose of which is to deter future harms. In fact, there is a better explanation of honor that...
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Is Punishment Justified?

Kaufman, Whitley R. P.

Pages: 167 –191

[We are now in a position to ask the central question of the debate: if punishment aims at the defense of honor, does that provide a sufficient moral defense of punishment? And does it tell us what is the appropriate level of punishment for a given wrong? The approach of this chapter is to set...

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