Abstract

Recently, in the American literature concerning the justification of civic correction, two views have been presented in defence of paternalism as a proper basis for punishing wrongdoers. The first of these was introduced in Herbert Morris’s paper “A Paternalistic Theory of Punishment” and the second in Jean Hampton’s “The Moral Education Theory of Punishment”. Both views are strongly opposed to the therapeutic, or rehabilitative, theories of correction, and both stress the personal autonomy of human beings and aspects of punishment which are supposed to respect that autonomy. The opposition to the ideology of therapy is mainly based on its inherent paternalism which is both deleterious and wrongful as far as autonomy is concerned.

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