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A Theory of Punishment

Published online by Cambridge University Press:  25 February 2009

W. A. Miller
W. A. Miller
Affiliation:
Department of Philosophy, University of Khartoum, Sudan
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Extract

The Object of this paper is the development of a view of punishment which incorporates what is of importance in retributive and utilitarian justifications of the practice of punishment. This proposed theory was noted and referred to as the plene esse, but not fully worked out, in the course of a discussion paper (‘Mr Quinton on “an odd sort of right”’) in which my concern was to offer an alternative view, to that of Mr Anthony Quinton, by construing ‘the right to punishment’ as meaning that ‘the offender has the right to be regarded as responsible for his actions’.

Type
Articles
Information
Philosophy , Volume 45 , Issue 174 , October 1970 , pp. 307 - 316
Copyright
Copyright © The Royal Institute of Philosophy 1970

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References

1 Miller, W. A., ‘Mr. Quinten on “an odd sort of right”’, Philosophy, XLI (07 1966).Google Scholar

2 Hart, H. L. A., Law, Liberty and Morality (London, O.U.P., 1966), p. 65.Google Scholar

3 Eysenck, H. J., Fact and Fiction in Psychology (Penguin Books, 1965), p. 258.Google Scholar

4 Skinner, B. F., Science and Human Behaviour (New York, Macmillan, 1963), pp. 183–5.Google Scholar

5 Benn, S. I. and Peters, R. S., Social Principles and the Democratic State (London, Allen and Unwin, 1959), p. 174.Google Scholar

6 Maurois, Andre, The Quest for Proust translated by Hopkins, Gerard (London, Jonathan Cape, 1950), p. 336.Google Scholar