Abstract
Boonin (The problem of punishment, Cambridge University Press, New York, 2008) examines more than a dozen theories of punishment and offers perhaps the most systematic argument that the legal practice of punishment is probably unjustified. This provocative claim comes at a time when US prisons face unsustainable population growth and high recidivism rates. In place of punishment, Boonin offers an account of ‘compulsory victim restitution’. Responses to Boonin (The problem of punishment, Cambridge University Press, New York, 2008) have focused on the merits of his theory of restitution or have defended a single particular theory of punishment from his objections. The present paper offers a more comprehensive response, which finds a critical fault in the crux of Boonin’s argument: the ‘entailment test’. If the practice of punishment is unjustified, it is not for the reasons Boonin gives.
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