The university of texas school of law joel feinberg, what, if anything, justifies legal punishment is the dominant theory of punishment today56 but that. 10 hart's philosophy of punishment his critiques of john austin's theory of action and barbara wootton's indifference to responsibility in relation to crime are. Feinberg's theory of punishment essay the utilitarian theory of punishment seeks to punish those that break the law in order to discourage or deter future wrongdoing. This chapter discusses the topic of corporal punishment of children from a behavioral-theory and behavior-therapy perspective basic principles of learning theory are presented, followed by information based upon the work of behavioral clinicians.
Philosophy 34 feinberg's expressive theory feinberg's question is what distinguishes punishment from mere penalties his answer is that punishment has an expressive function that penalties lack. Moreover, quite often the absolution of an accuser hangs as much in the balance at a criminal trial as the inculpation of the accused 8 feinberg, in his second essay, the classic debate, presents two theories that presume separate justifications of punishment: the retributive theory and the utilitarian theory. Ago, is the dominant theory of punishment today56 but that is hard to credit it is not incidental it is not incidental that the lion's share of declarations announcing retributivism's ascendance appear as prologues.
In persons and punishment herbert morris defends a retributivist theory of the justification of punishment which revives the broadly kantian tradition of arguing for the legitimacy of legal institutions that respect the members of a given moral community as persons. Feinberg's expressive theory of punishment9 this is odd one would expect, after all, that a four-volume treatise on the moral bounds of the criminal. Expressive punishment and political authority theory's inability to deal satisfactorily with the issue of political authority supranote 3 feinberg, note 3. 2001] feinberg's theory of punishment 107 such harm, or harm to important public institutions and practices 13 and what the state may prohibit, the state.
The utilitarian theory, the retributive theory, and the expressive theory are three possible reasons for punishment, which all hold some validity the utilitarian theory of punishment seeks to punish those that break the law in order to discourage or deter future wrongdoing. Joel feinberg (october 19, 1926 in detroit, michigan - march 29, 2004 in tucson, arizona) was an american political and legal philosopherhe is known for his work in the fields of ethics, action theory, philosophy of law, and political philosophy as well as individual rights and the authority of the state. If your organization uses openathens, you can log in using your openathens username and password to check if your institution is supported, please see this list contact your library for more details. Punishment, compensation, and law a theory of enforceability in harm's way: essays in honor of joel feinberg 31 the threat of punishment and previolation.
Bentham's theory was based on a hedonistic conception of man and that man as such would be deterred from crime if punishment were applied swiftly, certainly, and severely but being aware that punishment is an evil, he says, oct-nov, 2014, vol-i, issue-vi. Feinberg's liberal theory of punishment what is heinonline with comprehensive coverage of government documents and more than 2,400 journals from inception on hundreds of subjects such as political science, criminal justice, and human rights, heinonline is an affordable option for colleges and universities. Treating punishment as a conventional device for the expression of resentment, indignation, disappointment felt either by the sufferer and his family or the punishing authority as such jfeinberg argues that certain kinds of severe treatment become symbolic of the of the attitudes and judgement of the society or community in the face of the wrongdoing, and constitute a stigma which castes shame and ignominy on the individual on whom the punishment is applied. A fourth feature of punishment, widely acknowledged at least since the publication of joel feinberg's seminal 1970 article the expressive function of punishment is that it serves to express condemnation, or censure, of the offender for her offense.
The following theories of punishment explain how and why justice is doled out to those that deserve it expiatory punishment theory plays a large part of the. Theory of punishment, social justice, but feinberg's metaphor about bringing someone back to a position of equality with his fellows through compensatory. Drawing on feinberg's concept of 'hard treatment' in his seminal article 'the expressive function of punishment'(feinberg 1965), duff maintains that 'what crime deserves or makes appropriate is a response which punishment communicates to the. Retributive theory of punishment: a critical analysis on january 15, joel feinberg, doing & deserving essays in the theory of responsibility (1st,.
But for our purposes, feinberg's use of rights or, equivalently, the idea that behavior might wrong someone, makes it hard to compare his offense principle to mill's harm principle mill, after all, explicitly says that he won't use any assumptions about rights. 3 justifications of the practice: utilitarian and retributive one purpose of punishment, in feinberg's view, that presupposes its expressive function is the. Feinberg's work, taken as a whole, is best characterized as social philosophy — interpreted broadly to include moral, political, and legal philosophy in addition to the moral limits of the criminal law, he was interested in and made original contributions to the understanding of responsibility, punishment, desert, mental illness, rights, justice, liberty, civil disobedience, freedom of.