Review by Choice Review
Primoratz (Hebrew University, Jerusalem) presents a remarkably lucid and systematic moral defense of the retributive theory of legal punishment. He argues that a society has the right and the duty to penalize offenders against its criminal laws. In short, punishment is morally justified as retribution for the commission of an offense; indeed, retribution is the sole ground for punishment, and "the measure of the severity of punishment as well." A unique aspect of this theory is its emphasis upon the retributive idea of justice as a positive principle: the demand that criminals be punished and not merely the (negative) authorization of society's right to punish offenders. Of special interest is the author's application of his theory to arguments concerning punishing Nazi war criminals today, and also to the issue of capital punishment. As Primoratz develops his own perspective, he does so while contrasting its various elements with his assessment of prominent utilitarian theories (e.g., Bentham's), "mixed" theories (e.g., H.L.A. Hart's), and other types of retributive ideas ranging from biblical/Talmudic notions, to the classical views of Kant and Hegel, and, finally, to its contemporary representations in the views of J.G. Murphy, H.J. McCloskey, and others. Excellent bibliography; good index. Recommended for undergraduate and graduate students, scholars, and the educated public. -A. S. Rosenbaum, Cleveland State University
Copyright American Library Association, used with permission.
Review by Choice Review
