Moral Pluralism and the Complexity of Punishment

Moral Pluralism and the Complexity of Punishment The Penal Philosophy of H.L.A. Hart - Routledge Research in Legal Philosophy

Paperback (08 Oct 2024)

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Publisher's Synopsis

This book advances a new interpretation of Hart's penal philosophy. Positioning itself in opposition to current interpretations, the book argues that Hart does not defend a mixed theory of punishment, nor a rule utilitarian theory of punishment, nor a liberal form of utilitarianism, nor a goal/constraint approach. Rather, it is argued, his penal philosophy is based on his moral pluralism, which comprises two aspects: value pluralism and pluralism with respect to forms of moral reason. It is held that this means, on the one hand, that criminal law has an irreducible complexity due to the compromises it makes to accommodate competing values, and on the other hand, that there need not be one single justification of punishment. This original interpretation is not based only on Hart's key volume on the subject Punishment and Responsibility, but on a careful reading of his complete works. The book will be a valuable resource for academics and researchers interested in Hart's philosophy, the philosophy of law and criminal law.

About the Publisher

Routledge

Routledge

Routledge is the world's leading academic publisher in the Humanities and Social Sciences. We publish thousands of books and journals each year, serving scholars, instructors, and professional communities worldwide. Our current publishing programme encompasses groundbreaking textbooks and premier, peer-reviewed research in the Social Sciences, Humanities, and Built Environment. We have partnered with many of the most influential societies and academic bodies to publish their journals and book series. Readers can access tens of thousands of print and e-books from our extensive catalogue of titles. Routledge is a member of Taylor & Francis Group, an informa business.

Book information

ISBN: 9781032271248
Publisher: Taylor & Francis
Imprint: Routledge
Pub date:
DEWEY: 171.2
DEWEY edition: 23
Language: English
Number of pages: 210
Weight: 403g
Height: 234mm
Width: 156mm
Spine width: 12mm