Prolegomenon to a Theory of Punishment
Bibliographic Data
| ID | 12885684 |
|---|---|
| Authors | Leo Zaibert (0000-0002-0921-2777, University of Wisconsin–Parkside, corresponding author) |
| Year | 2005 |
| Volume | 1 |
| Issue | 2 |
| Pages | 221-246 |
| Publication date | 2005-06-01 |
| Open Access | Yes |
| Type | ARTICLE |
| Venue | Law Culture and the Humanities (JOURNAL) |
| Journal identifiers | ISSN: 1743-8721 • E-ISSN: 1743-9752 |
| Publisher | SAGE Publishing (PUBLISHER • US) |
| DOI | 10.1191/1743872105lw002oa |
| OpenAlex | W1968879746 |
| Language | EN |
| Citations received | 1 |
The expression “Theory of Punishment” is rather obscure; typically conflating two different enterprises: first, a purely descriptive enterprise which seeks to define punishment, and, second, a normative enterprise which seeks to justify punishment. While some authors have asserted that these two enterprises are inescapably linked, others have tried to keep them distinct. I think that the latter approach is on the right track, but that its proponents have not remained faithful to the very separation that they recommend. Thus I discuss here the standard account of punishment found in the philosophical literature, together with what I suggest are its shortcomings. I then present my own account of punishment, which I think overcomes the shortcomings of the standard account. While solving some problems, my account could be seen as creating new problems of its own, but I endeavor to show that these allegedly new problems are, at best, not really problems at all, or, at worst, are not terribly worrisome
Economics · Epistemology · Law and economics · Normative · Positive economics · Punishment (psychology · Sociology · Free Will and Agency · Philosophical Ethics and Theory · Philosophy · Psychology · Social Psychology · War, Ethics, and Justification
| Citations per year | 1 |
|---|---|
| Citation span | 2025 - 2025 (1) |
| Highly cited | No |