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Vol 23 No 5 May/June 2018

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Justice and Punishment

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Matt MatraversDepartment of Politics, University of York

ISBN13: 9780198295730
ISBN: 0198295731
Published: March 2000
Publisher: Oxford University Press
Format: Hardback
Price: £157.50

Despatched in 5 to 7 days.

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.

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1. Consequentialism; 2. Retributivism I: Fair Play Theory; 3. Retributivism II: Resentment, Guilt, and Censure; 4. The Scope of Impartial Justice; 5. Impartial Justice, Motivation, and Punishment; 6. Justice as Mutual Advantage; 7. Self-Interest and the Commitment to Morality; 8. A Constructivist Theory of Moral Norms; 9. The Moral Community, Justified Coercion, and Punishment