Punishment, Jesters and Judges: a Response to Nathan Hanna

Nathan Hanna has recently argued against a position I defend in a 2013 paper in this journal and in my 2016 book on punishment, namely that we can punish someone without intending to harm them. In this discussion note I explain why two alleged counterexamples to my view put forward by Hanna are not...

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Bibliographic Details
Published in:Ethical theory and moral practice
Main Author: Wringe, William 1970- (Author)
Contributors: Hanna, Nathan (Bibliographic antecedent)
Format: Electronic Article
Language:English
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Published: Springer Science + Business Media B. V [2019]
In: Ethical theory and moral practice
RelBib Classification:NCA Ethics
VA Philosophy
XA Law
Further subjects:B Punishment
B H.L.A.Hart
B Harm
B Conceptual Analysis
B Folk theories
Online Access: Volltext (Resolving-System)
Description
Summary:Nathan Hanna has recently argued against a position I defend in a 2013 paper in this journal and in my 2016 book on punishment, namely that we can punish someone without intending to harm them. In this discussion note I explain why two alleged counterexamples to my view put forward by Hanna are not in fact counterexamples to any view I hold, produce an example which shows that, if we accept a number of Hanna's own assumptions, punishment does not require an intention to harm, and discuss whether a definition and counter-example approach is the best way to proceed in the philosophy of punishment. I conclude with a brief exegetical discussion of H.L.A Hart's Prolegomenon to the Principles of Punishment.
ISSN:1572-8447
Reference:Kritik in "The Nature of Punishment Revisited (2020)"
Contains:Enthalten in: Ethical theory and moral practice
Persistent identifiers:DOI: 10.1007/s10677-018-9966-7