Moral Pluralism and the Complexity of Punishment: The Penal Philosophy of H.L.A. Hart

This book offers a new interpretation of Harts penal philosophy, arguing that his philosophy is based on moral pluralism, with two aspects: value pluralism and pluralism with respect to forms of moral reason. This means that criminal law has an irreducible complexity due to the compromises it makes to accommodate competing values, and that there need not be one single justification of punishment. It will be a valuable resource for academics and researchers interested in Harts philosophy, the philosophy of law, and criminal law.

Format: Hardback
Length: 210 pages
Publication date: 05 May 2023
Publisher: Taylor & Francis Ltd

This book presents a fresh and innovative interpretation of Harts penal philosophy, challenging prevailing interpretations. It argues that Hart's penal philosophy is not a blend of mixed theories, rule utilitarianism, liberal utilitarianism, or a goal/constraint approach. Instead, it is rooted in his moral pluralism, encompassing two key aspects: value pluralism and pluralism with respect to forms of moral reason.

Firstly, the book emphasizes that criminal law possesses an inherent complexity due to the necessary compromises it makes to accommodate diverse values. This complexity arises from the fact that different societies and cultures hold different values, and criminal law must navigate these differences to strike a balance. As a result, the book suggests that there is no single, universal justification of punishment that can apply to all cases.

Secondly, the book argues that Hart's moral pluralism allows for a diversity of justifications for punishment. These justifications can be based on different moral principles, such as retribution, deterrence, rehabilitation, and restoration. Each of these principles has its own strengths and weaknesses, and the choice of justification should be tailored to the specific circumstances of each case.

To support its argument, the book conducts a comprehensive analysis of Harts complete works, including his key volume Punishment and Responsibility. It examines his philosophical ideas in depth, highlighting the connections between his moral pluralism and his penal philosophy.

This original interpretation of Harts penal philosophy offers valuable insights for academics and researchers interested in Harts philosophy, the philosophy of law, and criminal law. It challenges traditional perspectives and provides a more nuanced understanding of Harts thought. The book will be a valuable resource for those seeking to deepen their understanding of these important fields.

Weight: 452g
Dimension: 162 x 241 x 17 (mm)
ISBN-13: 9781032271224