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Moral Pluralism and the Complexity of Punishment on Hardback by Nicolas Nayfeld
Moral Pluralism and the Complexity of Punishment on Hardback by Nicolas Nayfeld
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Moral Pluralism and the Complexity of Punishment

The Penal Philosophy of H.L.A. Hart
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Description

This book advances a new interpretation of Hart’s penal philosophy. Positioning itself in opposition to current interpretations, the book argues that Hart does not defend a mixed theory of punishment, nor a rule utilitarian theory of punishment, nor a liberal form of utilitarianism, nor a goal/constraint approach. Rather, it is argued, his penal philosophy is based on his moral pluralism, which comprises two aspects: value pluralism and pluralism with respect to forms of moral reason. It is held that this means, on the one hand, that criminal law has an irreducible complexity due to the compromises it makes to accommodate competing values, and on the other hand, that there need not be one single justification of punishment. This original interpretation is not based only on Hart’s key volume on the subject Punishment and Responsibility, but on a careful reading of his complete works. The book will be a valuable resource for academics and researchers interested in Hart’s philosophy, the philosophy of law and criminal law.

Author Biography:

Nicolas Nayfeld is a postdoctoral fellow at Paris 1 Panthéon-Sorbonne, where he teaches philosophy of law.
Release date Australia
May 5th, 2023
Audience
  • Tertiary Education (US: College)
Illustrations
1 Tables, black and white
Pages
210
ISBN-13
9781032271224
Product ID
36079655

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