Further reading
Useful general works on punishment (collections, readers and overviews) include: R.A. Duff
and David Garland (eds) A Reader on Punishment(Oxford: Oxford University Press, 1994);
R.A. Duff, Punishment(Aldershot: Dartmouth, 1993); Gertrude Ezorsky (ed.) Philosophical
Perspectives on Punishment(Albany: SUNY Press, 1972) (this includes important ‘classic’
pieces by Bentham, Kant, Hegel, Rawls and Hart); Matt Matravers (ed.) Punishment and
Political Theory(Oxford: Hart, 1999); A. John Simmons, M. Cohen, J. Cohen and C.R.
Beitz (eds) Punishment: A Philosophy and Public Affairs Reader(Princeton, NJ: Princeton
University Press, 1994); Ellen Frankel Paul, Fred Miller and Jeffrey Paul (eds) Crime,
Culpability, and Remedy(Oxford: Basil Blackwell, 1990). Explorations of retributivist theory
include: Jeffrie Murphy and Jean Hampton, Forgiveness and Mercy(Cambridge: Cambridge
University Press, 1988); Jeffrie Murphy, Retribution Reconsidered: More Essays in the
Philosophy of Law(Dordrecht: Kluwer, 1992); C.L. Ten, Crime, Guilt and Punishment: A
Philosophical Introduction(Oxford: Clarendon, 1987). On consequentialist and indirect
consequentialist theories see: H.L.A. Hart, ‘Prolegomenon to the Principles of Punishment’
in Proceedings of the Aristotelian Society(1959–60) (this is also in H.L.A. Hart, Punishment
and Responsibility: Essays in the Philosophy of Law(Oxford: Clarendon, 1968)); John Rawls,
‘Two Concepts of Rules’, The Philosophical Review, 64(1), 1955 (this is also in John Rawls,
Collected Papers, ed. by Samuel Freeman (Cambridge, MA: Harvard University Press, 1999),
and in various other collections). Discussions of ‘communicative theories’ of punishment can
be found in R.A. Duff, Trials and Punishment(Cambridge: Cambridge University Press,
1986); R.A. Duff, Punishment, Communication, and Community(Oxford: Oxford University
Press, 2001); Nicola Lacey, State Punishment: Political Principles and Community Values
(London: Routledge, 1988); Matt Matravers, Justice and Punishment: The Rationale of
Coercion(Oxford: Oxford University Press, 2000); Andrew von Hirsch, Censure and
Sanctions(Oxford: Oxford University Press, 1993). On restorative justice: Wesley Cragg,
The Practice of Punishment: Towards a Theory of Restorative Justice(London: Routledge,
1992); Declan Roche (ed.) Restorative Justice(Aldershot: Ashgate, 2004); Andrew von
Hirsch, J. Roberts, A.E. Bottoms, K. Roach and M. Schiff (eds) Restorative Justice or Criminal
Justice: Competing or Reconcilable Paradigms?(Oxford: Hart, 2003). Finally, works on
capital punishment include: Adam Bedau (ed.) The Death Penalty in America: Current
Controversies(Oxford: Oxford University Press, 1997); Roger Hood, The Death Penalty: A
Worldwide Perspective(Oxford: Oxford University Press, 2008); Tom Sorell, Moral Theory
and Capital Punishment(Oxford: Basil Blackwell, 1987).Weblinks
See the Companion Website for further resources.Notes
1 *Strict liability often applies in hazardous occupations. The justifications of strict liability
include: (a) consequentialist – it is proven to be effective; (b) it simplifies litigation because
the courts do not have to prove intentionality; (c) used selectively it can capture the ‘real
villains’.
2 As suggested in Chapter 4 Rawls was opposed to utilitarianism – his book A Theory of
Justice(1972) attempts to offer an alternative political theory to the then-dominant
utilitarian one. However, the essay discussed here – ‘Two Concepts of Rules’ – was an
early piece (published 1955) and at that stage Rawls was still operating within a utilitarian
framework, although we can see signs in the essay of his later rejection of it.162 Part 1 Classical ideas