Punishment As Societal-Defense

People punished by law are treated in ways that we consider immoral in other contexts. In Punishment as Societal-Defense, Phillip Montague develops a new theory of punishment that, instead of justifying it on the basis of deterrence or retribution, constructs it as analogous to individual self-defense. If people are justified in defending themselves against wrongful aggression, Montague argues, the same principles of distributive justice underlie punishment as societal defense. He recognizes and offers solutions to both the moral difficulties of self-defense and the ways in which punishment after an act differs from defense against an act before it occurs. Montague argues that his theory of punishment is preferable to theories based on deterrence and retribution, and shows how his theory would allow for capital punishment under certain circumstances. Punishment as Societal-Defense will be an important book for professionals and advanced students in philosophy, law, and criminology.

Phillip Montague is Professor of Philosophy at Western Washington University.