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  • Law  (2)
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  • Law  (2)
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  • 1
    Online Resource
    Online Resource
    Retrospect and Prospect, Retribution and Deterrence
    Cambridge University Press (CUP) ; 1991
    In:  Israel Law Review Vol. 25, No. 3-4 ( 1991), p. 376-387
    Details
    In: Israel Law Review, Cambridge University Press (CUP), Vol. 25, No. 3-4 ( 1991), p. 376-387
    Abstract: (1) During my lifetime most of the discussion of punishment in British philosophical journals has started from an article first published in 1939. Thirty years later this was reprinted, along with a selection of eleven of the most substantial subsequent contributions, to form a volume which has since served to introduce further student generations to The Philosophy of Punishment . In that seminal paper the late John Mabbott — whom it was later my good fortune to have as one of my tutors — proposed “to defend a retributive theory of punishment, and to reject absolutely all utilitarian considerations from its justification”. His initial claim perhaps sounded bolder, or rasher, than it was. For Mabbott in his second paragraph explained: “The question I am asking is this. Under what circumstances is the punishment of some particular person justified, and why?” After giving and defending his retributive answer to this question Mabbott turned to the “distinction between abolishing injustice in punishment and abolishing punishment altogether”. While still insisting that “punishment is a corollary of law breaking …” he went on to allow that “considerations of utility come in on two quite different issues. Should there be laws, and what laws should there be? … The choice which is the essential prius of punishment is the choice that there should be laws”.
    Type of Medium: Online Resource
    ISSN: 0021-2237 , 2047-9336
    URL: Article
    DOI: 10.1017/S0021223700010487
    RVK:
    PU 1000
    Language: English
    Publisher: Cambridge University Press (CUP)
    Publication Date: 1991
    detail.hit.zdb_id: 2254971-7
    detail.hit.zdb_id: 281170-4
    SSG: 2
    SSG: 7,7
    Location Call Number Limitation Availability
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    Online Resource
  • 2
    Online Resource
    Online Resource
    Response to the Comments of Igor Primoratz
    Cambridge University Press (CUP) ; 1991
    In:  Israel Law Review Vol. 25, No. 3-4 ( 1991), p. 398-400
    Details
    In: Israel Law Review, Cambridge University Press (CUP), Vol. 25, No. 3-4 ( 1991), p. 398-400
    Abstract: 1) Just so soon as I was asked to send in a final, revised version of my “Retrospect and Prospect, Retribution and Deterrence” for eventual publication, it became obvious to me that all the alterations or additions which I wanted to make were alterations or additions in response to the “Comments” by Igor Primoratz. But, if I were to make the changes which I now believe to be necessary, in that original paper, then those Comments would be left in the air — apparently provoked by nothing at all. So instead I present my afterthoughts here, appropriately, as what they are, Responses to his Comments. First, and urgently, we need to introduce a distinction between justifying (in general) and justicizing (in particular).
    Type of Medium: Online Resource
    ISSN: 0021-2237 , 2047-9336
    URL: Article
    DOI: 10.1017/S0021223700010505
    RVK:
    PU 1000
    Language: English
    Publisher: Cambridge University Press (CUP)
    Publication Date: 1991
    detail.hit.zdb_id: 2254971-7
    detail.hit.zdb_id: 281170-4
    SSG: 2
    SSG: 7,7
    Location Call Number Limitation Availability
    BibTip Others were also interested in ...
    Online Resource
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