The Problem of Punishment

Abstract

In this book, David Boonin examines the problem of punishment, particularly the problem of explaining why it is morally permissible for the state to treat those who break the law differently from those who do not. Boonin argues that there is no satisfactory solution to this problem and that the practice of legal punishment should therefore be abolished. Providing a detailed account of the nature of punishment and the problems that it generates, he offers a comprehensive and critical survey of the various solutions that have been offered to the problem and concludes by considering victim restitution as an alternative to punishment. Written in a clear and accessible style, The Problem of Punishment will be of interest both to anyone looking for a critical introduction to the subject and to anyone who is already familiar with it.

Punishment: Consequentialism

“…But this may be altogether too abrupt. The standard objection to ‘pure’ harm‐reductivism remains (and equally, to purely utilitarian approaches), that the uncompromising pursuit of harm‐reduction (or utility) may require punishment of the innocent (Boonin 31–52), and the disproportionately harsh punishment of the guilty (Boonin 54–8). It is not enough to appeal to the lack of likelihood of their arising in practice, critics claim – it is the possibility in principle that is objectionable (Lessnoff 142).…”

“…Barnett has proposed that restitution should replace punishment as a new paradigm, or less radically, at least supplement punishment (Barnett; Boonin: 216, 224–6). The latter is hardly contentious (Boonin 216). However, material restitution is scarcely important enough to play such a role.…”

“…But Barnett discusses material rehabilitation only. (See further Boonin 216–8, the discussion of restorative justice in ‘Punishment: The Future’, and for development of the idea of restitution, Boonin ch. 5.…”

“…Punishment involves the conscious and premeditated infliction of harm (Honderich 4; Boonin 213), and the deprivation of an individual’s rights (Galligan 155; cf. Burgh 193).…”

Rights Forfeiture and Liability to Harm

“… Classic formulations of these objections can be found in Thomson ; Quinn ; and Martin . Further objections are discussed in Wellman and 2012; Lang ; Boonin , pp. 103–19; Lippke .…”