Punishment and Justification

A central concern in legitimizing our criminal justice system is the justification of punishment. Given the objectionable nature of the intentional imposition of harm, a failure to adequately justify the practice can call into question its persistence. For democratic societies in particular, the question of whether punishment can be adequately justified is of special concern. This course will survey the major philosophical justifications for legal punishment. Special focus will be placed on the expressive dimensions of punishment, the punishment of adolescent offenders and the possibility of their incarceration with adults, as well as arguments for and against the abolition of incarceration as a form of punishment.