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Moral Pluralism and the Complexity of Punishment - The Penal Philosophy of H.L.A. Hart (Hardcover)
Loot Price: R3,827
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Moral Pluralism and the Complexity of Punishment - The Penal Philosophy of H.L.A. Hart (Hardcover)
Series: Routledge Research in Legal Philosophy
Expected to ship within 12 - 17 working days
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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/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.
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