Matt Matravers

Claes Lernestedt

The state's use of the threat, and imposition, of punishments to regulate conduct is thought (or at least said) by many to be legitimised by the idea that the criminal law's burdens only fall on those who are blameworthy for their conduct. However, the formal concept of 'blameworthiness' needs to be made substantive. This puts various ideas regarding the criminal law's person at the heart of debates about blame, guilt, and responsibility. How is the criminal law's person constructed, by whom, and with what disciplinary norms? How is it threatened by new 'knowledge', and how do those threats play out amongst the various stakeholders who claim the criminal law's person as 'theirs'? To address these and cognate questions, this volume brings together an international group of academics to engage with the criminal law's person from a range of disciplinary perspectives.

The Criminal Law’s Person

This book aims to answer the question: 'why, and by what right do some people punish others?' The author argues that the justification of punishment must be embedded in a substantive political and moral theory. Matravers questions why it is that recent theories of distributive justice have had so little to say about the punishment and retributive justice. His answer is that contemporary theories of justice cannot explain the relationship of justice and morality more broadly conceived. As this is also the relationship that a theory of punishment needs to explain, it is in examining the problem of punishment that the limitations of contemporary theories of justice are most starkly exposed. Moreover, the limitations are such as to undermine these accounts of justice. The claim is that it is through the discussion of punishment that the inadequacies of contemporary theories of justice is demonstrated and it is therefore through the discussion of punishment that those inadequacies can be rectified. Matravers argues for a genuinely constructivist account of morality-constructivist in that it rejects any idea of objective, mind-independent moral values, and seeks instead to construct morality from non-moral human concerns and human wills, and genuinely constructivist in that, in contrast to the faux constructivisim of Rawls and cognate approaches, it does not take as a premise the equal moral worth of persons. He argues that a genuine constructivism will show the need for and justification of punishment as intrinsic to morality itself.

The Rationale of Coercion

Justice and Punishment

Lukas H. Meyer

In addressing democracy, equality, and justice together, the book stimulates discussions that go beyond the sometimes increasingly technical and increasingly discrete literatures that now dominate the study of each concept. The chapters fall into four categories: on justice and democracy; justice and equality; justice and community; and justice and the future. Concerns of justice unite all the chapters in this volume. However, these concerns now manifest themselves in interesting and new directions. Politically, the book confronts urgent problems of democracy, equality, community, and of how to respond to potentially catastrophic climate change. The response to these problems cannot only be pragmatic and piecemeal. What emerges are a number of interlinking questions and themes that together constitute the central core of contemporary political philosophy. This book was previously published as a special issue of the Critical Review of Social and Political Philosophy.

Democracy, Equality, and Justice

Will Kymlicka

What place, if any, ought cultural considerations have when we blame and punish in the criminal law? In general, to hold someone criminally responsible is to hold them blameworthy and deserving of their punishment. Background cultural factors seem to threaten this: for example, a person may be ignorant of the way things are done

Criminal Law and Cultural Diversity

In the last thirty years, the USA and the UK have witnessed a profound change in the way in which we think about and respond to crime and social control. Crime has become part of everyday life as, for many citizens, has imprisonment. Managing Modernity brings together criminologists, social theorists, and philosophers to consider what explains these changes and what they tell us about ourselves and the way in which we live. The authors consider the pervasive, the obvious, and the covert ways in which crime and social order have come to structure social discourses and social life, from mass imprisonment to zero tolerance, to on-the-spot fines. This volume was previously published as a special issue of the Critical Review of International Social and Political Philosophy (CRISPP).

Matt Matravers

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