Justice and Punishment
The Rationale of Coercion
By (author) Matt Matravers
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Justice and Punishment by Matt Matravers
Book DescriptionThis book aims to answer the question: 'why, and by what right do some people punish others?' The author argues that the justification of punishment must be embedded in a substantive political and moral theory. Matravers questions why it is that recent theories of distributive justice have had so little to say about the punishment and retributive justice. His answer is that contemporary theories of justice cannot explain the relationship of justice and morality more broadly conceived. As this is also the relationship that a theory of punishment needs to explain, it is in examining the problem of punishment that the limitations of contemporary theories of justice are most starkly exposed. Moreover, the limitations are such as to undermine these accounts of justice. The claim is that it is through the discussion of punishment that the inadequacies of contemporary theories of justice is demonstrated and it is therefore through the discussion of punishment that those inadequacies can be rectified. Matravers argues for a genuinely constructivist account of morality-constructivist in that it rejects any idea of objective, mind-independent moral values, and seeks instead to construct morality from non-moral human concerns and human wills, and genuinely constructivist in that, in contrast to the faux constructivisim of Rawls and cognate approaches, it does not take as a premise the equal moral worth of persons. He argues that a genuine constructivism will show the need for and justification of punishment as intrinsic to morality itself.
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Book DetailsISBN: 9780198295730
(250mm x 164mm x 21mm)
Imprint: Oxford University Press
Publisher: Oxford University Press
Publish Date: 3-Aug-2000
Country of Publication: United Kingdom
Books By Author Matt Matravers
Criminal Law and Cultural Diversity, Hardback (May 2014)
What place, if any, ought cultural considerations have when we blame and punish in the criminal law? Bringing together political and legal theorists Criminal Law and Cultural Diversity offers original and diverse discussions that go to the heart of both legal and political debates about multiculturalism, human agency, and responsibility.
Toleration Re-Examined, Hardback (July 2012)» View all books by Matt Matravers
This timely collection of essays from an international field of experts in the history and philosophy of toleration offers a distinctive reassessment of the place of toleration in contemporary political life. Against the general climate of scepticism, the message that emerges is that toleration remains an extremely powerful idea.
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