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

Abingdon, Oxon ; New York, NY : Routledge, 2023.

©2023

K5103 .N39 2023

9781032271224 hardcover
1032271221 hardcover
9781032271248 paperback
1032271248 paperback
9781003291480 electronic book
9781000876307 electronic book
9781000876284 electronic book

vii, 209 pages ; 24 cm.

18236094
(OCoLC)1351737811

"This book advances a new interpretation of 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 and constraint approach. Rather, it is argued, 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 original interpretation is not based only on Hart's key volume on the subject Punishment and Responsibility, but on a careful reading of his complete works. The book will be a valuable resource for academics and researchers interested in Hart's philosophy, the philosophy of law and criminal law"-- Provided by publisher.

Based on author's thesis (doctoral- Université de Paris I: Panthéon-Sorbonne, 2021) issued under title: La philosophie pénale pluraliste de H.L.A. Hart.

Includes bibliographical references and index.

ebook version : 9781000876307

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