Philosophical Perspectives on Punishment [Book Review]

Review of Metaphysics 27 (2):382-383 (1973)
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Abstract

Although a number of anthologies on the philosophy of punishment have been published in recent years, the inclusion of a number of important but rarely reprinted articles makes this volume a valuable addition to the field. Included are such historically important figures as Plato, Thomas Hobbes, and St. Thomas Aquinas; such rarely included figures as G. B. Shaw, Samuel Butler and Karl Marx; the important but ignored Mill-Gilpin controversy on capital punishment; and the hitherto nearly inaccessible paper by Richard Wasserstrom, "Why Punish the Guilty?" Along with these fresh selections are numerous influential, widely-reprinted classical and contemporary essays. The selections are grouped into five sections, the largest of which, constituting nearly half the text, deals with the justification of punishment. The various justificatory theories are classified as teleological, retributivist, and teleological retributivist. The latter theory, not clearly defined by the editor, is represented by W. D. Ross, H. L. A. Hart, J. D. Mabbott, and K. G. Armstrong, who relate the teleological and retributivist elements in their theories in quite different ways. A section entitled "Alternatives to Punishment" provides selections which question the justice of punishment, its deterrent effect and the success of our present penal system. The other sections deal with the strict liability issue, the concept of punishment and the death penalty. Although containing good selections, the sections dealing with the latter two topics, including four and three articles respectively, are quite short. There are long bibliographies for each section and an introductory article by Professor Ezorsky examining the various justifications offered for punishment and arguing for a teleological retributivist theory.—M.G.

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