--- by JLS
for the GC
--- An amusing comparison of Bradley with Quinton -- vis a vis Hart, at
L. Zaibert in Law and Philosophy (2006) at:
http://minerva.union.edu/zaibertl/zaibert%20punishment%20and%20revenge.pdf
"Bradley's manoeuvre is to say
that when punishment is NOT
retributively justified, as a matter of
definition, it is not punishment,
but an immorality. Protagoras's manoevure
is to say that when punishment is
not consequentially justified it is not
punishment, but 'mindless vengeance'. Both
manoevures are mere stipulations, and they
remind us of the sort of Quintonian
defense [On punishment, Analysis, 1954, vol. 14] against the charge that utilitarianism
could justify punishing the innocent, and
which H. L. A. Hart aptly dubbed 'the definitional
stop'(Punishment and responsibility, 1968, p. 1)".
Tuesday, June 22, 2010
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