ABSTRACT

In this introduction, after a short biography of Hart highlighting the role of criminal law in his life and work, I present what I call Hart’s master idea, namely the idea that the utilitarian justification of punishment is compatible with several principles of justice in the distribution of punishment. I then examine four interpretations of this idea: some claim that Hart defends a mixed theory of punishment, that is, a mixture of utilitarianism and retributivism; some see his master idea as a form of utilitarianism: either a form of rule utilitarianism, or a liberal form of utilitarianism; some view Hart as advocating a goal/constraint approach. I argue that none of these interpretations is satisfactory and that a new one should be put forward.