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Chapter 7 - Free Will Skepticism, General Deterrence, and the “Use” Objection

from Part II - Alternatives to Retributive Punishment

Published online by Cambridge University Press:  26 August 2019

By
Kevin J. Murtagh
Edited by
Elizabeth Shaw ,
Derk Pereboom  and
Gregg D. Caruso
Elizabeth Shaw
Affiliation:
University of Aberdeen
Derk Pereboom
Affiliation:
Cornell University, New York
Gregg D. Caruso
Affiliation:
Corning Community College, State University of New York
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Summary

This chapter defends the view that free will skeptics can endorse general deterrence as a justifiable aim of legal punishment. It does not claim that it is the justifiable aim, or the main aim, but rather that it is a justifiable aim among others. It takes as its target Derk Pereboom’s claim that general deterrence is not a justifiable aim of punishment since it suffers from the “use” objection, according to which general deterrence is wrong because it involves harming some, without their consent, in order to benefit others. The author responds by arguing that the use objection myopically focuses on only one aspect of a system of general deterrent punishment, and that, when we take full account of the complexity of this sort of punishment within a reasonably just legal system, we can see that it need not involve an impermissible kind of use. It further argues that Pereboom’s positive account of how to respond to crime is insufficient for good social policy. It concludes by offering a sketch of an account that combines the measures that Pereboom advocates with others designed to promote general deterrence.

Keywords

general deterrencepunishmentquarantineincapacitationfree will
Type
Chapter
Information
Free Will Skepticism in Law and Society
Challenging Retributive Justice
 , pp. 139 - 158
Publisher: Cambridge University Press
Print publication year: 2019

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References

Bentham, J. (1907). An Introduction to the Principles of Morals and Legislation. Oxford: Clarendon Press.Google Scholar
Feinberg, J. (1994). The expressive function of punishment. In Duff, A. and Garland, D., eds., A Reader on Punishment. New York: Oxford University Press, pp. 71–91.Google Scholar
Finkelstein, C., and Katz, L.. (2008). Contrived defenses and deterrent threats: Two facets of one problem. Ohio State Journal of Criminal Law, 5(2), 479–504.Google Scholar
Garland, D. (1990). Punishment and Modern Society: A Study in Social Theory. Chicago, IL: University of Chicago Press.Google Scholar
Hart, H. L. A. (1968). Prolegomenon to the principles of punishment. In Punishment and Responsibility: Essays in the Philosophy of Law. New York: Oxford University Press.Google Scholar
Hawken, A., and Kleiman, M.. (2009). Managing drug involved probationers with swift and certain sanctions: Evaluating Hawaii’s HOPE. Available at: www.ncjrs.gov/pdffiles1/nij/grants/229023.pdf.Google Scholar
Hoskins, Z. (2011). Deterrent punishment and respect for persons. Ohio State Journal of Criminal Law, 8, 369.Google Scholar
Kant, I. (1996). The Metaphysics of Morals, ed. and trans. Gregor, M.. New York: Cambridge University Press.CrossRefGoogle Scholar
McCloskey, H. J. (1972). A non-utilitarian approach to punishment. In Ezorsky, G., ed., Philosophical Perspectives on Punishment. Albany, NY: State University of New York Press, pp. 119–134.Google Scholar
Nagin, D. S. (2013). Deterrence in the twenty-first century. Crime and Justice, 42(1), 199–263.Google Scholar
Pereboom, D. (2001). Living without Free Will. New York: Cambridge University Press.Google Scholar
Pereboom, D. (2014). Free Will, Agency, and Meaning in Life. New York: Oxford University Press.CrossRefGoogle Scholar
Ten, C. L. (1987). Crime, Guilt, and Punishment. Oxford: Clarendon Press.Google Scholar
Tonry, M. (1994). Proportionality, parsimony, and interchangeability of punishments. In Duff, A. and Garland, D., eds., A Reader on Punishment. New York: Oxford University Press, pp. 217–237.Google Scholar
Vilhauer, B. (2013). Persons, punishment, and free will skepticism. Philosophical Studies, 162(2), 143–163.CrossRefGoogle Scholar
Waller, B. N. (2015). The Stubborn System of Moral Responsibility. Cambridge, MA: The MIT Press.Google Scholar

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