Punishment: Political, Not Moral
February 16, 2011
Brooks, Thom (2011). "Punishment: Political, Not Moral," New Criminal Law Review 14: 427 - 438.
Alan Brudner’s Punishment and Freedom is a remarkable contribution to liberal and penal theory offering a well-argued and compelling theory of “legal retributivism.” This theory is an improved account of retributivism as alternative retributivist theories are thought to incorporate a problematic view of morality which only legal retributivism can overcome. While I agree with much of Brudner’s Hegelian-inspired account, I believe that it could be even further protected from problems facing retributivist theories more generally if he took greater account of insights into penal theory offered by British Hegelians. This article will explain what these insights are and how they might usefully inform Brudner’s legal retributivism and further increase its attractiveness.
Keywords: punishment, freedom, retribution, retributivism, mixed theory, British Hegelians, British Idealism, Green, Seth, Hegel, Brudner, Kant, Brooks
JEL Classification: K00, K10, K14, K19, K49
Date posted: February 20, 2011 ; Last revised: January 15, 2013