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Prolegomenon to a Theory of Punishment

Bibliographic Data

ID12885684
AuthorsLeo Zaibert (0000-0002-0921-2777, University of Wisconsin–Parkside, corresponding author)
Year2005
Volume1
Issue2
Pages221-246
Publication date2005-06-01
Open AccessYes
TypeARTICLE
VenueLaw Culture and the Humanities (JOURNAL)
Journal identifiersISSN: 1743-8721 • E-ISSN: 1743-9752
PublisherSAGE Publishing (PUBLISHER • US)
DOI10.1191/1743872105lw002oa
OpenAlexW1968879746
LanguageEN
Citations received1

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

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Citations per year1
Citation span2025 - 2025 (1)
Highly citedNo

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