NDLI: Punishment Theory’s Golden Half Century: A Survey of Developments from (about) 1957 to 2007

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Punishment Theory’s Golden Half Century: A Survey of Developments from (about) 1957 to 2007

Content Provider	Springer Nature Link
Author	Davis, Michael
Copyright Year	2008
Abstract	This paper describes developments in punishment theory since the middle of the twentieth century. After the mid–1960s, what Stanley I. Benn called “preventive theories of punishment”—whether strictly utilitarian or more loosely consequentialist like his—entered a long and steep decline, beginning with the virtual disappearance of reform theory in the 1970s. Crowding out preventive theories were various alternatives generally (but, as I shall argue, misleadingly) categorized as “retributive”. These alternatives include both old theories (such as the education theory) resurrected after many decades in philosophy’s graveyard and some new ones (such as the fairness theory). Only in the last decade or so have new vares o “consequentialism” appeared to dilute a debate among philosophers that had become almost entirely about “retributivism”. I shall describe this trend in more detail. The description will be less an update of my 1990 survey than a rethinking of it. The conclusion I draw from this rethinking is that we need to drop the utilitarian–retributivist (and nonconsequentialist–nonconsequentialist) distinction in favor of one sorting punishment theories according to whether they rely in part on empirical considerations (externalist theories) or instead rely (almost) entirely on conceptual relations (internalist theories).
Starting Page	73
Ending Page	100
Page Count	28
File Format	PDF
ISSN	13824554
Journal	The Journal of Ethics
Volume Number	13
Issue Number	1
e-ISSN	15728609
Language	English
Publisher	Springer Netherlands
Publisher Date	2008-09-10
Publisher Place	Dordrecht
Access Restriction	One Nation One Subscription (ONOS)
Subject Keyword	Retributive Utilitarian Consequentialist Nonconsequentialist Conceptual Empirical Kant Philosophy Political Philosophy Ethics
Content Type	Text
Resource Type	Article
Subject	Philosophy

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