Justice and Punishment

Abstract

Abstract This book attempts to answer the challenge of showing that morality is not a confidence trick or a fetish. It does so by arguing that moral norms are those that rational, self‐interested people could accept. The problem is approached by asking by what right some people punish others, and by comparing recent developments in theories of distributive and retributive justice. The first part of the book considers retributive, utilitarian, and mixed theories of punishment. In the second part, recent theories of distributive justice, especially those of Rawls and Gauthier, are examined. It is argued that these theories cannot give an adequate account of punishment. In the final part, an argument is offered 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; genuinely constructivist in that, in contrast to Rawls, it does not take as a premise the equal moral worth of persons. The conclusion is that a genuine constructivism will show the need for, and justification of, punishment as intrinsic to morality itself.

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