Moral Pluralism and the Complexity of Punishment: The Penal Philosophy of H.L.A. Hart (Routledge Research in Legal Philosophy)

By: Nicolas Nayfeld

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Synopsis: This book advances a new interpretation of Hart’s penal philosophy. Positioning itself in opposition to current interpretations, the book argues that Hart does not defend a mixed theory of punishment, nor a rule utilitarian theory of punishment, nor a liberal form of utilitarianism, nor a goal/constraint approach. Rather, it is argued, his penal philosophy is based on his moral pluralism, which comprises two aspects: value pluralism and pluralism with respect to forms of moral reason. It is held that this means, on the one hand, that criminal law has an irreducible complexity due to the compromises it makes to accommodate competing values, and on the other hand, that there need not be one single justification of punishment. This original interpretation is not based only on Hart’s key volume on the subject Punishment and Responsibility, but on a careful reading of his complete works. The book will be a valuable resource for academics and researchers interested in Hart’s philosophy, the philosophy of law and criminal law.

Book Quality:: Publisher Quality
ISBN-13:: 9781000876307
Related ISBNs:: 9781032271224, 9781032271248, 9781003291480
Publisher:: Taylor and Francis
Date of Addition:: 05/05/23
Copyrighted By:: Nicolas Nayfeld, The right of Nicolas Nayfeld to be identified as author of this work has been asserted in accordance with sections
Adult content:: No
Language:: English
Has Image Descriptions:: No
Categories:: Nonfiction, Law, Legal Issues and Ethics, Philosophy, Politics and Government
Submitted By:: Bookshare Staff
Usage Restrictions:: This is a copyrighted book.