A Reply to Bickenbach

Extract

Jerome Bickenbach has provided a fair and sympathetic account of my argument in Trials and Punishments, and has clarified some of the book’s obscurities - for which I am very grateful: I will focus my response on his main objection to my account of punishment, since I am not persuaded that the objection holds.

Bickenbach argues that my ideal account of what punishment ought to be if it is to be adequately justified would actually show, if it succeeds, that criminal punishment (or at least punishment involving hard treatment) cannot be justified at all. ‘Criminal punishment, it would appear, is unjustifiable when it is needed, but justifiable only if it is no longer required’ (786). It would be justifiable if it was imposed on a criminal who shared the values embodied in the laws of the true community to which she belonged: but it would then be unnecessary, since in such cases ‘blame alone’ (or, one might add, a formal conviction or a purely symbolic punishment) would suffice for the communicative and persuasive purposes which punishment should ideally serve. It would be necessary if the criminal was a committed nonconformist who rejected the community’s values: but it would then be unjustifiable, since in such cases it could not serve the purposes which punishment should ideally serve.