This course explores how and why modern societies punish wrongdoing. Each day we consider a different philosophical justification for legal punishment, examining how factors such as justice, social consequences, moral responsibility, and fairness shape legal practice.
We will focus on two philosophical questions raised by criminal law: the justification of legal punishment and the appropriate standards for criminal liability. Should those convicted of a criminal offence be punished because they deserve to be, or because punishment will deter them and other members of society from committing criminal offences in the future, or because it satisfies society's (or the victim’s) desire for vengeance?
How should we determine the appropriate amount of punishment to impose on a convicted criminal? Are there any principled constraints on the type of punishment a just state may employ? May it punish law-breakers by publicly shaming them? Should those who successfully commit a murder be punished more than those who attempt to do so but fail due to factors outside of their control? What steps must a person take in order to be punishable for a criminal attempt? Is it enough if a person plans a bank robbery, but never acts on that plan?
This course is part of the Inspiring Oxford summer school programme, held at Brasenose College.