Punishment The Supposed Justifications Revisited

by Honderich, Ted

• ISBN13: 9780745321318
• ISBN10: 0745321313
• Format: Paperback
• Copyright: 2005-11-20
• Publisher: Pluto Press

Summary

Ted Honderich's Punishment is the best-known book on the justifications put forward for state punishment. This enlarged and developed edition brings his writing to a new audience. With new chapters on determinism and responsibility, plus a new conclusion, the book also remains true to its original realism about almost all talk of retribution and proportionality. Honderich investigates all the commonsensical notions of why and when punishment is morally necessary, engaging with the language of public debate by politicians and other public figures. Honderich then puts forward his own argument that punishment is legitimate when it is in accord with the principle of humanity. Written in a clear, sharp style and seasoned with a dry wit, this is the most important work on the reasoning behind our penal systems. It is a pleasure to read for philosophers and non-philosophers alike. Ted Honderich is Grote Professor Emeritus at University College London and author of numerous books on philosophy, including After the Terror (Edinburgh University Press, 2002), How Free Are You? (Oxford University Press, 2001), Terrorism for Humanity (Pluto Press, 2003) and Conservatism (Pluto Press, 2005). He is also the editor of the Oxford Companion to Philosophy.

Author Biography

Ted Honderich is Grote Professor Emeritus at University College London and author of numerous books on philosophy, including After the Terror (Edinburgh University Press, 2002), How Free Are You? (Oxford University Press, 2001), Terrorism for Humanity (Pluto Press, 2003) and Conservatism (Pluto Press, 2005). He is also the editor of the Oxford Companion to Philosophy.

Table of Contents

Introduction	1	(3)
1 Problem and Definition	4	(13)
The Need to Justify Punishment	4	(4)
The Definition of Punishment	8	(9)
2 Backward-Looking Theories	17	(41)
Retribution Theories in General	17	(6)
Legal, Circular, and Intrinsic-Good Retributivism	23	(6)
Distress-Culpability, Forfeited Rights, Indifference	29	(6)
Innocence System	35	(6)
Annulment, Offenders' Rights	41	(5)
Rational Contract	46	(2)
Consent to Loss of Immunity	48	(5)
Satisfactions-in-Acting	53	(5)
3 Grievance Satisfaction	58	(16)
An Actual Reason	58	(7)
System	65	(4)
Defences and Criticisms	69	(5)
4 Utilitarian Prevention Theory, etc.	74	(38)
Questions of Fact about Prevention	74	(12)
The Utilitarian Prevention Theory	86	(3)
The Victimization Objection	89	(6)
Utilitarians on Victimization	95	(9)
Justified and Unjustified Victimizations	104	(5)
Retrospect and Conclusion	109	(3)
5 Reform, Rehabilitation, Treatment	112	(18)
Punishment as Reformative	112	(6)
Illness and Treatment	118	(7)
Objections	125	(5)
6 Determinism	130	(33)
Punishment, Freedom, Responsibility	130	(3)
A Sketch of Determinism	133	(5)
Determinism Despite Quantum Theory	138	(6)
Compatibilism and Incompatibilism	144	(1)
Attitudinism	145	(6)
Arguments for Compatibilism and Incompatibilism	151	(4)
The Real Consequences of Determinism	155	(3)
Punishment	158	(5)
7 Compromise Theories	163	(32)
Retrospect, Separate Questions	163	(7)
Prevention and Retribution	170	(6)
Correct-Values Retributivism	176	(8)
Liberal-Community Retributivism	184	(11)
8 Non-Problem, Other Conclusions	195	(33)
The End of All Retributivism	195	(6)
The Decent Society	201	(5)
The Principle of Humanity	206	(4)
Our Societies	210	(6)
Our Unjustified Punishments	216	(12)
Acknowledgements	228	(1)
Notes	229	(16)
Index	245