Summary
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What is the most acceptable theory of punishment? Philosophers have advanced several competing models as answers, including retributivism, deterrence, rehabilitative theories, punishment as communication, and many others. This article claims that each has its strengths and weaknesses and proposes a new way forward. Each competing view of punishment has a number of intuitively attractive features, as well as real problems. I attempt to lay out a theory of punishment that can best account for the attractive features while avoiding the various problems faced by retributivist or deterrent theories, for example. This solution is indebted to insights on punishment made by a number of German and British Idealists, such as Kant, Hegel, Green, and Bosanquet. While I acknowledge their insights, this article does not attempt a historical reconstruction, but rather seeks to make a contribution to contemporary debates on punishment.(author's abstract)
Link: http://papers.ssrn.com/sol3/papers.cfm?abstract_id=869444
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