ABSTRACT

With this chapter we move beyond the critical evaluation of those accounts of punishment which have at one time or another seemed convincing. In some respects that means starting again. In other respects it means building on what has already been learned. However, before we move too far in that direction, we need to remind ourselves of the practical importance of our quest. Finding an adequate justification of punishment does pose an intellectual challenge. Trying to understand a practice as deeply entrenched as punishment is an unavoidably significant challenge for moral, political and legal theorists. However, it is the practical expression of punishment which poses the most pressing concerns. As we begin to rebuild an account of that practice, it is worth reminding ourselves of the nature and importance of those practical concerns.