See, eg, hart, supra note 1, at 129-31 feinberg, supra note 1, at 118-19 7 there may be a persuasive consequentialist or utilitarian basis for pun- ishing an attempt less than the completed offense jeremy bentham's utilita- rian theory of punishment requires that there be increasingly severe punishment at each. Participants on the panel—jules coleman, george fletcher, and stuart green— for their reactions 1 joel feinberg, the expressive function of punishment, in doing and deserving 95-118 (1970) [hereinafter the expressive function] 2 for general accounts of expressive theories of law, see elizabeth s. Under the principle of retribution there should be a fundamental moral connection between crime and punishment the worse the some have sought to reconcile the realities of emotion in punishment, and especially anger, through expressive theories of punishment (feinberg 1970, pillsbury 1989, 2002 duff 2001. Flawed hampton's own theory builds on joel feinberg's work on the expressive function of punishment feinberg writes, ―punishment is a conventional device for the expression of attitudes of resentment and indignation, and of judgments of disapproval and reprobation, on the part either of the punishing authority himself. To suggest that we might be able to pull from feinberg a more modest expressive justification of punishment, one that focuses not on the successful receipt of the message of punishment by the wrongdoer but on the successful expression of the condemnation by the community communicative theories of punishment and. Among the significant developments in recent work on punishment theory are the characterisation of punishment as a communicative enterprise second, it is widely accepted that what distinguishes punishment from mere 'penalties' (see feinberg 1970) is their reprobative or condemnatory character. Tributive to the extent of a) imposing hardship, and b) deriving its justifica- tion for imposing hardship from the need to take the offence seriously one key objection that reprobative theories of punishment face – for instance, in joel feinberg's classic paper [feinberg (1974)] – is the demand to explain why, if condemnation of.
The condemnation theory of punishment might seem to be nothing but a theory of public vengeance feinberg suggests that punishment is in part a symbolic way of getting back the criminal, of expressing a kind of vindictive resentment but in the condemnation theory, punishment also expresses judgments of community. 2001] feinberg's theory of punishment 105 punishment why because few of the important things we expect from a government can be done without the government's reliance on punishment under law—the threat of punishment in the background and its application to convicted offenders in the. In “persons and punishment” herbert morris defends a retributivist theory of the justification of punishment it is a complicated theory that includes, among other things, that punishment is justified only if the agent iii i will turn to joel feinberg's expressive function of punishment in order to show how it can be incorporated. The bold relief elements consist of my theory of punishment and its prima facie implications for the theory of legislation the theory is retributivist in its husak is sympathetic to joel feinberg's view that harms generically are the “thwarting, setting back, or defeating of an interest” of a person  he is also.
I argue for a slightly modified conception on which the aim to impose suffering is an essential characteristic of punishment (in a somewhat loose sense of suffering ) in section ii i sketch feinberg does not offer a definition of hard treatment, but he if a communicative theory is to justify hard treatment punishments, it must. I said that the problem with both views was their sufficient conditions for justified punishment (see feinberg's article for these, pp 625 and 627) the utilitarian theory answers political questions: when does it make sense for a society to punish people and how much punishment does it make sense to use.
However, theorising about punishment resists neat packaging trying to enforce too rigid a demarcation between consequentialist and nonconsequentialist theories produces artificiality (but see feinberg 2008: 624) pluralist theories that are basically consequentialist, but include retributive and other. Primarily to establish a moral dialogue between the offender and the communi- ty , he is attempting to justify our practices of blaming and punishment, not ex- plain them3 problems arise when theorists confuse the descriptive and normative fea- tures of their theories of punishment feinberg's expressivist account of punish. The criminal law, however, provides for the public investigation, prosecution and punishment of crimes: for a police force, tasked with investigating (as well as preventing) crime and detecting criminals for a system of criminal courts, in which defendants are tried for the crimes that they are alleged to have.
Kant's theory of punishment has been discussed usually as a s punishment is in kant's view a topic in the philosophy of law or right (recht) punishment is imposed not by individuals, but by courts and judges, and it is therefore a practice that presupposes joel feinberg quoted some of these extreme statements from. In a paper prepared in 1958 for the benefit of students at brown, feinberg seeks to refute the philosophical theory of psychological egoism, which in his opinion is fallacious so far as he can tell, there are four primary arguments for it: every action of mine is prompted by motives or desires or impulses which are my motives. Is punishment retributive kurt baier the expressive function of punishment joel feinberg 2 the justification of punishment teleological theories punishment as cure plato hegel's theory of punishment j e mctaggart utility and punishment jeremy bentham punishment and the individual h rashdall a utilitarian. In this essay i develop and defend a theory of state punishment within a wider conception of political legitimacy while many moral theories of punishment focus joel feinberg, “the classic debate,” in philosophy of law, 5th ed, ed joel feinberg and hyman gross (belmont, ca: wadsworth, 1995.
Feinberg's target here is the strict legal moralist, who defends (1) true morality ( the set of rational norms that apply equally to all peoples) (2) a retributive theory of punishment, and (3) the view that criminal law may legitimately prevent free‐ floating evils on the ground that they are immoral according to feinberg, the full. 2 while usually credited to retributivist theories of punishment, proportionality is equally a commitment of utilitarians see require a fundamental critique of traditional theories of criminal punishment punishment, which are often, but not always, painful) joel feinberg, doing and deserving 118.
A p duggan - forthcoming - ethical theory and moral practice:1-19 should we aim for a unified and coherent theory of punishmentmark tunick - 2016 - criminal law and philosophy 10 (3):611-628 view all 41 citations / add more citations similar books and articles hampton on the expressive power of punishment. Constructing a theory of punishment, desert, and the distribution of punishments - volume 10 issue 2 - don e scheid on this point, see for example, joel feinberg, “justice, fairness and rationality” (1972) 81 yale l j 1004 at 1006 feinberg sets out the following possible relations between justice. Of punishment in chapter 2 i will discuss what i think needs to be taken in consideration in constructing and defending a theory of punishment to be rightfully called 'comprehensive', the focus in this punishment is therefore not only hard treatment but carries what feinberg calls a 'symbolic significance' as well the latter is.