Justification of Punishment
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One of the most contested and practically significant topics in philosophy of law is the justification of punishment. The development of social sciences in the twentieth century, especially psychology and psychiatry, has led some prominent persons to suggest that the whole system of punishment should be drastically revised or eliminated (see Menninger 1968; Wootton 1963). Professor Hart has made notable contributions to clarifying the issues involved in justifying punishment and the various mental conditions of responsibility. He delves deeper into the moral principles involved in punishment than almost any other previous legal scholar. His account has spurred others to more thoughtful reflection and analysis than had previously been given.
KeywordsDeath Penalty Deterrent Effect Strict Liability Moral Evil Innocent Person
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