This chapter suggests that, in a liberal society, the problem of punishment is not identifying the purpose of criminal punishment, but determining whether criminal punishment is morally justified in the first place. It explores whether the state is morally justified in punishing those who violate the criminal law. Punishment is criminal punishment when the state is imposing the harm for the violation of the state’s rules of criminal law. Criminal punishment is wholly distinct from civil liability. It is a harm imposed on individuals who violate the rules of the criminal law that is independent of any finding of civil liability. The history suggests that the commonly held belief that criminal punishment was necessary for the preservation of social order has cause and effect reversed. Criminal punishment is inherently coercive. To be morally legitimate, criminal punishment must be necessary to attain some end morally more important than individual liberty.
The Problem of Punishment
The Problem of Punishment
Recent Publications
- “Equal Opportunity, Not Reparations” in the Handbook of Equality of Opportunity (2024)
- “A Bayesian Solution to Hallsson’s Puzzle”
- Markets without Limits: Moral Virtues and Commercial Interests, 2nd Edition
- “Optimizing political influence: a jury theorem with dynamic competence and dependence”
- Why not anarchism?
Recent News
- Advocacy group concerned pay-for-plasma clinics expanding to Ontario will hurt voluntary donations
- Jason Brennan and Hélène Landemore, Debating Democracy (University of Zurich’s UBS Center, 2024)
- Jason Brennan “Everything Wrong with Democracy” on the Alex O’Connor Podcast (January 28, 2024)
- On the affirmative action ruling, the Supreme Court got it half right
- Is the effective altruism movement in trouble?