TY - JOUR
T1 - Zimmerman's the immorality of punishment
T2 - a critical essay
AU - Levy, Neil
PY - 2015/3
Y1 - 2015/3
N2 - In "The Immorality of Punishment", Michael Zimmerman attempts to show that punishment is morally unjustified and therefore wrong. In this response, I focus on two main questions. First, I examine whether Zimmerman's empirical claims-concerning our inability to identify wrongdoers who satisfy conditions on blameworthiness and who might be reformed through punishment, and the comparative efficacy of punitive and non-punitive responses to crime-stand up to scrutiny. Second, I argue that his crucial argument from luck depends on claims about counterfactuals that ought to be rejected. I conclude that though his arguments are powerful, they fall short of his ambitious aim of demonstrating that punishment is always seriously wrong.
AB - In "The Immorality of Punishment", Michael Zimmerman attempts to show that punishment is morally unjustified and therefore wrong. In this response, I focus on two main questions. First, I examine whether Zimmerman's empirical claims-concerning our inability to identify wrongdoers who satisfy conditions on blameworthiness and who might be reformed through punishment, and the comparative efficacy of punitive and non-punitive responses to crime-stand up to scrutiny. Second, I argue that his crucial argument from luck depends on claims about counterfactuals that ought to be rejected. I conclude that though his arguments are powerful, they fall short of his ambitious aim of demonstrating that punishment is always seriously wrong.
KW - Blame
KW - Crime
KW - Ignorance
KW - Luck
KW - Punishment
UR - http://www.scopus.com/inward/record.url?scp=84874802756&partnerID=8YFLogxK
UR - http://purl.org/au-research/grants/arc/DP110101810
U2 - 10.1007/s11572-013-9217-x
DO - 10.1007/s11572-013-9217-x
M3 - Article
AN - SCOPUS:84874802756
VL - 9
SP - 103
EP - 112
JO - Criminal Law and Philosophy
JF - Criminal Law and Philosophy
SN - 1871-9791
IS - 1
ER -