ABSTRACT

In this general conclusion, I proceed in two stages. First, I summarize each chapter (including the introduction) in order to provide an overview of my interpretation of Hart’s penal philosophy and to highlight its most important aspects. Second, I examine Thorburn’s observation that Hart’s penal philosophy is radically orthodox. Is this observation fair? Does it call into question the value of Hart’s work? I argue that Hart’s lack of radicalism does not detract from the fruitfulness of his method or the philosophical finesse of his thoughts on punishment.