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Why Punish the Guilty? Towards a Philosophical Analysis of the State's Justification of Punishment

NUI Maynooth ePrints and eTheses Archive

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Title Why Punish the Guilty? Towards a Philosophical Analysis of the State's Justification of Punishment
 
Creator McDonnell, Cyril
 
Subject Philosophy
 
Description There is general acceptance that those who break the law must be punished; however, not all agree as to why this is necessary. Some argue punishment is necessary to reform criminals, others to deter criminals, and others because you deserve it, whether punishment reforms or deters. Stripped of metaphors, this paper argues that punishment is retribution, but that a distinction must be made between the definition of punishment as retribution and its justification, if a case is to be made for its moral justification. Thus the most important question the paper raises relates to the justification of punishment as retribution.
 
Publisher Department of Philosophy NUIM
 
Date 2009
 
Type Article
PeerReviewed
 
Format application/pdf
 
Identifier http://eprints.nuim.ie/1550/1/MPP_2008_punishment_CMcD.pdf
McDonnell, Cyril (2009) Why Punish the Guilty? Towards a Philosophical Analysis of the State's Justification of Punishment. Maynooth Philosophical Papers, Issue 5 (2008) . pp. 21-34.
 
Relation http://philosophy.nuim.ie/documents/MPP2008Final.pdf
http://eprints.nuim.ie/1550/