The Ends of Harm: The Moral Foundations of Criminal Law

Overview


Every modern democratic state imprisons thousands of offenders every year, depriving them of their liberty, causing them a great deal of psychological and sometimes physical harm. Relationships are destroyed, jobs are lost, the risk of the offender being harmed by other offenders is increased and all at great expense to the state.

How can this brutal and costly enterprise be justified? Traditionally, philosophers answering this question have argued either that the punishment of...

See more details below
Other sellers (Paperback)
  • All (6) from $28.78   
  • New (5) from $28.78   
  • Used (1) from $31.18   
The Ends of Harm: The Moral Foundations of Criminal Law

Available on NOOK devices and apps  
  • NOOK Devices
  • NOOK HD/HD+ Tablet
  • NOOK
  • NOOK Color
  • NOOK Tablet
  • Tablet/Phone
  • NOOK for Windows 8 Tablet
  • NOOK for iOS
  • NOOK for Android
  • NOOK Kids for iPad
  • PC/Mac
  • NOOK for Windows 8
  • NOOK for PC
  • NOOK for Mac
  • NOOK Study
  • NOOK for Web

Want a NOOK? Explore Now

NOOK Book (eBook)
$22.99
BN.com price
(Save 34%)$34.99 List Price

Overview


Every modern democratic state imprisons thousands of offenders every year, depriving them of their liberty, causing them a great deal of psychological and sometimes physical harm. Relationships are destroyed, jobs are lost, the risk of the offender being harmed by other offenders is increased and all at great expense to the state.

How can this brutal and costly enterprise be justified? Traditionally, philosophers answering this question have argued either that the punishment of wrongdoers is a good in itself (retributivism), or that it is a regrettable means to a valuable end, such as the deterrence of future wrongdoing, and thus justifiable on consequentialist grounds. This book offers a critical examination of those theories and advances a new argument for punishment's justification, calling it the 'duty view'. On this view, the permission to punish offenders is grounded in the duties that they incur in virtue of their wrongdoing. The most important duties that ground the justification of punishment are the duty to recognize that the offender has done wrong and the duty to protect others against wrongdoing. In the light of these duties the state has a permission to punish offenders to ensure that they recognize that what they have done is wrong, but also to protect others from crime.

In contrast to other justifications of punishment grounded in deterrence, the duty view is developed in the light of a non-consequentialist moral theory: a theory which endorses constraints on the pursuit of the good. It is shown that it is normally wrong to harm a person as a means to pursue a greater good. However, there are exceptions to this principle in cases where the person harmed has an enforceable duty to pursue the good. The implications of this idea are explored both in the context of self-defense, and then in the context of punishment. Through the systematic exploration of the relationship between self-defense and punishment, the book makes significant progress in defending a plausible set of non-consequentialist moral principles that justify the punishment of wrongdoers, and marks a significant contribution to the philosophical literature on punishment.

Read More Show Less

Editorial Reviews

From the Publisher
"A stimulating, original and well-written account that prompts a reconsideration of the existing foundation of punishment."
—Legal Studies, Vol 32 No 3

"Tadros has put his agile, analytical mind to work to solve a problem that should be of central concern to all of us. And in that spirit, his work should be read and celebrated."
—Kimberly Kessler Ferzan, Jotwell

"If Tadros is right, philosophers of punishment must be moral and political philosophers too, and their philosophical horizons must expand accordingly. That it doubles as an attempt to meet this challenge makes The End of Harm an invigorating read."
—James Edwards, Law Quarterly Review

"Victor Tadros has produced a powerful and highly original moral justification for a practice of state punishment that would be more purposeful and humane than any presently existing system of criminal punishment. He argues with great cogency that the permissibility of punishment and the permissibility of self-defense have their common source in the enforcement of duties that wrongdoers owe to their victims. In the course of meticulously defending these comprehensive accounts of the right to punish and the right of self-defense, he illuminates a range of central issues in normative ethics, political philosophy, and legal theory. The Ends of Harm presents a profound and brilliant challenge both to our institutions of punishment and to our traditional ways of justifying them."
—Jeff McMahan, Rutgers University

"Victor Tadros is one of the brightest, most inventive theorists working on the morality of punishment, and his admirable insight and creativity are on full display in this very impressive book."
—Christopher Heath Wellman, Washington University

"Tadros's new book makes striking and original contributions not only to penal theory, but to moral philosophy more broadly. Starting from a vivid reminder of just how morally problematic the practice of state punishment is, he develops an instrumentalist account of punishment as general deterrence, but does so on the basis of a firmly non-instrumentalist, Kantian moral theory to which the idea of respect for persons (along with the 'means principle' that forbids treating people as means) is central. The key new idea here is that those who commit crimes acquire duties to their victims, including the duty to protect them against future harm; this, Tadros argues, can then justify the imposition of deterrent punishments as a way of enforcing those protective duties."
—Professor R. A. Duff, University of Stirling and University of Minnesota

Read More Show Less

Product Details

  • ISBN-13: 9780199681914
  • Publisher: Oxford University Press, USA
  • Publication date: 8/16/2013
  • Pages: 384
  • Product dimensions: 6.20 (w) x 9.10 (h) x 1.00 (d)

Meet the Author

Victor Tadros, Professor of Criminal Law and Legal Theory, University of Warwick

Victor Tadros is Professor of Criminal Law and Legal Theory at the University of Warwick. Prior to his appointment at Warwick he held positions at the Universities of Aberdeen and Edinburgh. He has written on criminal responsibility, criminal offences, criminal trials, the presumption of innocence, just war theory, and various aspects of moral and political philosophy. He is currently engaged in a major project on criminalization with Antony Duff, Lindsay Farmer, Sandra Marshall, and Massimo Renzo, funded by the AHRC for which he is currently writing a book entitled Wrongs and Crimes.

Read More Show Less

Table of Contents

1. Introduction
The Aims of Punishment
2. Justifying Punishment
3. Recognition and Choice
4. Against Desert
5. The Limits of Communication
Means, Motivations, and Ends
6. Defending the Means Principle
7. Wrongdoing and Motivation
Permissibility, Harm, and Self-Defence
8. Choice, Responsibility, and Permissible Harm
9. Conflicts and Permissibility
10. Mistakes and Self-Defence
11. Responsibility and Self-Defence
Punishment and the Duties of Offenders
12. Punishment as a Remedy
13. State Punishment
14. Protection Against Punishment
15. Proportionate Punishment

Read More Show Less

Customer Reviews

Be the first to write a review
( 0 )
Rating Distribution

5 Star

(0)

4 Star

(0)

3 Star

(0)

2 Star

(0)

1 Star

(0)

Your Rating:

Your Name: Create a Pen Name or

Barnes & Noble.com Review Rules

Our reader reviews allow you to share your comments on titles you liked, or didn't, with others. By submitting an online review, you are representing to Barnes & Noble.com that all information contained in your review is original and accurate in all respects, and that the submission of such content by you and the posting of such content by Barnes & Noble.com does not and will not violate the rights of any third party. Please follow the rules below to help ensure that your review can be posted.

Reviews by Our Customers Under the Age of 13

We highly value and respect everyone's opinion concerning the titles we offer. However, we cannot allow persons under the age of 13 to have accounts at BN.com or to post customer reviews. Please see our Terms of Use for more details.

What to exclude from your review:

Please do not write about reviews, commentary, or information posted on the product page. If you see any errors in the information on the product page, please send us an email.

Reviews should not contain any of the following:

  • - HTML tags, profanity, obscenities, vulgarities, or comments that defame anyone
  • - Time-sensitive information such as tour dates, signings, lectures, etc.
  • - Single-word reviews. Other people will read your review to discover why you liked or didn't like the title. Be descriptive.
  • - Comments focusing on the author or that may ruin the ending for others
  • - Phone numbers, addresses, URLs
  • - Pricing and availability information or alternative ordering information
  • - Advertisements or commercial solicitation

Reminder:

  • - By submitting a review, you grant to Barnes & Noble.com and its sublicensees the royalty-free, perpetual, irrevocable right and license to use the review in accordance with the Barnes & Noble.com Terms of Use.
  • - Barnes & Noble.com reserves the right not to post any review -- particularly those that do not follow the terms and conditions of these Rules. Barnes & Noble.com also reserves the right to remove any review at any time without notice.
  • - See Terms of Use for other conditions and disclaimers.
Search for Products You'd Like to Recommend

Recommend other products that relate to your review. Just search for them below and share!

Create a Pen Name

Your Pen Name is your unique identity on BN.com. It will appear on the reviews you write and other website activities. Your Pen Name cannot be edited, changed or deleted once submitted.

 
Your Pen Name can be any combination of alphanumeric characters (plus - and _), and must be at least two characters long.

Continue Anonymously

    If you find inappropriate content, please report it to Barnes & Noble
    Why is this product inappropriate?
    Comments (optional)