Trials and Punishments

How can a system of criminal punishment be justified? In particular can it be justified if the moral demand that we respect each other as autonomous moral agents is taken seriously? Traditional attempts to justify punishment as a deterrent or as retribution fail: but Duff suggests that punishment can be understood as a communicative attempt to bring a wrong-doer to repent her crime. The conclusion is pessimistic: punishment cannot be justified within our legal system; and this gap between the ideal and the actual presents us with serious moral dilemmas. ‘Duff’s discussion of the traditional theories is incisive and persuasive …’ – Nicola Lacey, Times Literary Supplement ‘What makes the book engaging is the well-argued claim that the two standard philosophies of punishment - deterrence and retribution - are seriously flawed. Eight outstanding chapters are devoted to a critical examination of recent philosophical and legal treatments of punishment …Duff’s discussion is wide, and his unique perspective on the literature is interestingly and suggestively critical.’ – J. White, Choice