Persons and Punishment

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‘Can ‘hard treatment’ be justified?’
The role of ‘hard treatment’ differs in the three theories of punishment (deterrence, rehabilitation, and retributivism). Furthermore, it differs in different retributivist theories. Hence, there are a number of ways you could answer the question and you will need to consider carefully which to take. Two obvious ways would be (a) to argue for the truth of a particular theory of punishment and argue that, within this theory, ‘hard treatment’ is justified, or (b) to argue for the truth of a particular theory of punishment and argue that, even within this theory, ‘hard treatment’ is not justified.
For this essay you will be expected to find, read, refer to, and cite accurately at least one article or book from outside the module material (though it may be one that is cited in the module material).
You may find it useful to look at the Routledge Encyclopedia of Philosophy and at Anthony Duff’s article on judicial punishment in the Stanford Encyclopedia of Philosophy and von Hirsch, A and Ashworth, A. eds. 1988 Principal Sentencing: readings on Theory and Policy.
Please better focus on Duff’s article.

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