The urgings of conscience: a theory of punishment

Abstract

Acknowledgments Introduction Part I: A Metatheory of Punishment 1. Why Submit to Punishment? How to Justify Punishment * Submission to Punishment: A Brief History * The Need to Address the Question of Submission * Civil Disobedience 2. Two Paradigms of Punishment The Two Paradigms * The Status of the Two Paradigms * The Priority of the Conscientious Paradigm * Submission to Punishment and the Traditional Theories * Nontraditional Theories 3. It Doesn't Have to Hurt: Punishment, Suffering, and Other Evils The History of the Standard View * Refutation of the Standard View: The Main Grounds * Additional Counterexamples * The Psychology of Positive Punishment * Disvalue and the Justification of Punishment * Concessions to the Standard View 4. What is Punishment? A Definition * Applications * Definition and Justification Part II: A Theory of Punishment 5. The Rectification Theory of Punishment Equal Basic Rights * The Kernel of the Theory * How to Broaden Your Sphere * The Extent of the Broadening * Determining the Sentence * An Objection: Future or Past Rights? * Suffering Not Essential * A True Claim of Rights * Interpretation of the Punishment * How to Restrict Your Own Liberty * Remission of Punishment * Affinities to Other Views 6. The Rectification Theory: Application and Evaluation The Domain of the Principle * Attempts and Victimless Offenses * Punishment of Recidivists * Community Service * Imprisonment * Penance for Sins * Evaluation 7. Punishment and Contract Overview * Methodology for Nonideal Theory * Making the Contract * The Content of the Contract * Principles of Interpretation * Applicability of the Contract, Division of Offenses * Applying the Contract * Transfer to the Real World * Hamlet without the Prince 7. Punishment, Contract, and Fraternity An Objection * The Social Contract as Relational Contract * The Fraternal Society * The Questions Answered Appendix Notes Index