How can a system of criminal punishment be justified? In particular
can it be justified if the moral demand that we respect each other
as autonomous moral agents is taken seriously? Traditional attempts
to justify punishment as a deterrent or as retribution fail, but
Duff suggests that punishment can be understood as a communicative
attempt to bring a wrong-doer to repent her crime. This account is
supported by discussions of moral blame, of penance, of the nature
of the law's demands, and of the proper meaning and purpose of the
criminal process of trial and verdict: it deals both with the
ideals that should inform a system of criminal law and the extent
to which those ideals are actualised in existing institutions and
practices. The conclusion is pessimistic: punishment cannot be
justified within our legal system; and this gap between the ideal
and the actual presents us with serious moral dilemmas.
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