Moral pluralism and the complexity of punishment : the penal philosophy of H.L.A. Hart / Nicolas Nayfeld.

London ; New York : Routledge, 2023.

1 online resource (209 pages).

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Description based on online resource; title from title screen (viewed July 15, 2023).

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Nicolas Nayfeld is a postdoctoral fellow at Paris 1 Panthéon-Sorbonne, where he teaches philosophy of law.

"This book advances a new interpretation of H.L.A. 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, 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 interpretation is based on Hart's 'Punishment and responsibility' and on a careful reading of his complete works"--Publisher's description.

Taylor & Francis. EBA 2024-2025.

Print version: Nayfeld, Nicolas Moral Pluralism and the Complexity of Punishment Milton : Taylor & Francis Group,c2023

Books / Online

English

August 08, 2024

Includes bibliographical references and index.