The Problem of Punishment

by David Boonin

• ISBN13: 9780521709613
• ISBN10: 052170961X
• Edition: 1st
• Format: Paperback
• Copyright: 2008-04-14
• Publisher: Cambridge University Press

Summary

In this book, David Boonin examines the problem of punishment, and particularly the problem of explaining why it is morally permissible for the state to treat those who break the law in ways that would be wrong to treat those who do not. Boonin argues that there is no satisfactory solution to this problem and that the practice of legal punishment should therefore be abolished. Providing a detailed account of the nature of punishment and the problems that it generates, he offers a comprehensive and critical survey of the various solutions that have been offered to the problem and concludes by considering victim restitution as an alternative to punishment. Written in a clear and accessible style, The Problem of Punishment will be of interest to anyone looking for a critical introduction to the subject as well as to those already familiar with it.

Author Biography

David Boonin is associate professor of philosophy at the University of Colorado, Boulder. He is the author of A Defense of Abortion and Thomas Hobbes and the Science of Moral Virtue, as well as numerous articles on a variety of topics in ethics and applied ethics

Table of Contents

Preface	p. ix
The Problem of Punishment	p. 1
Overview	p. 1
What Punishment Is	p. 1
What the Problem of Punishment Is	p. 28
The Consequentialist Solution	p. 37
Overview	p. 37
The Act-Utilitarian Version	p. 39
The Rule-Utilitarian Version	p. 62
Other Utilitarian Versions	p. 77
Nonutilitarian Versions	p. 79
The Retributivist Solution	p. 85
Overview	p. 85
Desert-Based Retributivism	p. 87
Forfeiture-Based Retributivism	p. 103
Fairness-Based Retributivism	p. 119
Other Versions of Retributivism	p. 143
Other Solutions	p. 155
Overview	p. 155
The Consent Solution	p. 156
The Reprobative Solution	p. 171
The Moral Education Solution	p. 180
The Self-Defense Solution	p. 192
Hybrid Solutions	p. 207
The Appeal to Necessity	p. 213
Overview	p. 213
The Theory of Pure Restitution as a Response to the Appeal to Necessity	p. 218
Clarifying the Theory of Pure Restitution	p. 220
The Harm to Society Objection	p. 224
The Irreparable Harms Objection	p. 235
The Victimless Wrongdoing Objection	p. 245
The Failed Attempts Objection	p. 249
The Nonharmful Endangerment Objection	p. 255
The Mitigating Excuses Objection	p. 256
The Rich Offender Objection	p. 259
The Poor Offender Objection	p. 261
The Insufficient Deterrence Objection	p. 264
The Insufficient Reprobation Objection	p. 267
The Punishment as Restitution Objection	p. 269
Bibliography	p. 277
Index	p. 293
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