ABSTRACT

The first part considered the more traditional theories of punishment, where each has a single goal or principle. This second part will now consider ‘hybrid theories’ of punishment. These are alternative theories that bring together different elements of the theories in Part 1 into new combinations. We will discuss the ‘mixed’ theories of Herbert Hart and John Rawls, including negative retributivism, expressivist and communicative theories of punishment, and the ‘unified’ theory of punishment with its idea of punitive restoration. These hybrid approaches will each be discussed individually in their own chapter. In Part 3, we will discuss how the several theories of punishment speak to practice.

5 Rawls, Hart, and the mixed theory