Justice and Punishment
The Rationale of Coercion
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33 862 Ft
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Product details:
- Publisher OUP Oxford
- Date of Publication 3 August 2000
- ISBN 9780198295730
- Binding Hardback
- No. of pages300 pages
- Size 250x164x21 mm
- Weight 591 g
- Language English 0
Categories
Short description:
This book aims to answer the question: 'why, and by what right,do some people punish others?' With his groundbreaking new theory, the author argues that the justification of punishment must be embedded in a larger political and moral theory. The author uses the problem of punishment to undermine contemporary accounts of justice.
MoreLong description:
This book aims to answer the question: 'why, and by what right do some people punish others?' The author argues that the justification of punishment must be embedded in a substantive political and moral theory. Matravers questions why it is that recent theories of distributive justice have had so little to say about the punishment and retributive justice. His answer is that contemporary theories of justice cannot explain the relationship of justice and morality more broadly conceived. As this is also the relationship that a theory of punishment needs to explain, it is in examining the problem of punishment that the limitations of contemporary theories of justice are most starkly exposed. Moreover, the limitations are such as to undermine these accounts of justice. The claim is that it is through the discussion of punishment that the inadequacies of contemporary theories of justice is demonstrated and it is therefore through the discussion of punishment that those inadequacies can be rectified.
Matravers argues for a genuinely constructivist account of morality-constructivist in that it rejects any idea of objective, mind-independent moral values, and seeks instead to construct morality from non-moral human concerns and human wills, and genuinely constructivist in that, in contrast to the faux constructivisim of Rawls and cognate approaches, it does not take as a premise the equal moral worth of persons. He argues that a genuine constructivism will show the need for and justification of punishment as intrinsic to morality itself.
Brave and original
Table of Contents:
Consequentialism
Retributivism I: Fair Play Theory
Retributivism II: Resentment, Guilt, and Censure
The Scope of Impartial Justice
Impartial Justice, Motivation, and Punishment
Justice as Mutual Advantage
Self-Interest and the Commitment to Morality
A Constructivist Theory of Moral Norms
The Moral Community, Justified Coercion, and Punishment
