《STATE PUNISHMENT POLITICAL PRINCIPLES AND COMMUNIT VALUES》

1 PRELIMINARIES1

INTRODUCTION1

DEFINING PUNISHMENT4

THE NEED FOR A JUSTIFICATION AND THE NATURE OF THE QUESTION12

2 THE TRADITIONAL JUSTIFICATIONS16

BACKWARD-LOOKING JUSTIFICATIONS16

The lex talionis17

The culpability principle18

Forfeiture of rights， unfair advantages and the restoration of a moral equilibrium22

Retributive theory25

FORWARD-LOOKING JUSTIFICATIONS27

General deterrence28

Rehabilitation30

Individual deterrence32

Social protection33

Grievance-satisfaction and the maintenance of respect for the legal system34

Reparation and restitution35

Utilitarian theory36

Why should we punish？： Treating individuals as means rather than ends36

Who should be punished？： Over-extensiveness in punishment of the innocent37

How much punishment should be inflicted？： Over-extensiveness in the extent of punishment41

Utilitarianism and the content of the criminal law43

MIXED THEORIES OF PUNISHMENT46

Hart’s separate questions47

Institutions and application49

Weak retributivism53

CONCLUSIONS56

3 THE RELEVANCE OF RESPONSIBILITY58

MORAL RESPONSIBILITY， FREEDOM AND PUNISHMENT59

MORAL RESPONSIBILITY AND CRIMINAL LIABILITY61

The capacity conception62

The character conception65

RECONSTRUCTING RESPONSIBILITY68

RESPONSIBILITY， DISPOSITION AND AUTONOMY73

4 THE QUESTION OF LEGAL OBLIGATION79

LEGAL OBLIGATION AND THE NORMATIVITY OF LAW80

The relevance of sanctions to legal obligation81

Normative language and the adoption of points of view83

The function of analytical jurisprudence88

LEGAL OBLIGATION AND THE LAW’S CLAIM TO OBEDIENCE89

SANCTIONS AND EFFECTIVENESS91

Effectiveness and the justification of punishment94

CONCLUSION96

5 THE NATURE AND LIMITS OF THE CRIMINAL LAW98

THE NATURE AND FUNCTIONS OF THE CRIMINAL LAW100

The frst level of generality100

The second level of generality105

THE PROPER AMBIT OF THE CRIMINAL LAW108

The principle of fundamental interests108

The principle of legitimate purposes through equal consideration112

The principle of equal impact113

The principle of consistent pluralism117

The principle of efficiency118

The principle of residual autonomy119

CONCLUSION119

6 POLITICAL OBLIGATION121

THE NATURE OF POLITICAL OBLIGATION122

AN OBLIGATION TO OBEY THE LAWS OF A SYSTEM？123

OBEDIENCE TO JUST LAWS126

Just laws in unjust systems129

OBEDIENCE TO UNJUST LAWS131

Types of injustice131

The bearing of injustice on victim and offender134

The effects of disobedience136

Background considerations of justice and efficiency137

Direct and indirect disobedience138

Injustice and omission140

Judging the justice of disobedience141

CONCLUSION142

7 PUNISHMENT AND THE LIBERAL WORLD143

LIBERALISM AND THEORIES OF PUNISHMENT143

Liberal individualism144

Freedom and the rational， responsible person145

Paternalism and neutrality146

Rights， justice and equality147

Welfare149

The distinction between public and private spheres150

Lack of emphasis on public goods151

Liberalism and consequentialist versus non-consequentialist reasoning151

THE THEORIES RELOCATED153

Retributivism153

Utilitarian theories156

Mixed theories159

THE STRENGTHS AND WEAKNESSES OF LIBERALISM IN PUNISHMENT160

CONCLUSION168

8 PUNISHMENT AND COMMUNITY169

THE PRIMACY OF THE SOCIAL171

THE IDEAL OF COMMUNITY173

COMMUNITY AND CRIMINAL LAW176

THE FUNCTIONS OF PUNISHMENT181

THE DISTRIBUTION OF PUNISHMENTS186

THE FORM OF PUNISHMENTS193

THE ACTUAL AND THE IDEAL195

CONCLUSION198

NOTES202

INDEX219