Skip to main content Accessibility help
×
Hostname: page-component-7479d7b7d-m9pkr Total loading time: 0 Render date: 2024-07-10T07:24:51.216Z Has data issue: false hasContentIssue false

23 - Real-World Criminal Law and the Norm Against Punishing the Innocent

Two Cheers for Threshold Deontology

from Part IV - Paradoxes in Moral Philosophy

Published online by Cambridge University Press:  02 November 2018

Heidi M. Hurd
Affiliation:
University of Illinois
Get access

Summary

This chapter addresses two topics that figure prominently in Professor Alexander’s corpus. It responds in detail to Alexander’s argument that threshold deontology suffers from a “moral ballast” problem. Concluding that the problem is not fatal to threshold deontology, it goes on to explore how threshold deontology might elucidate another problem of interest to Alexander – how retributivists might defend punishment in light of the inevitability that the innocent will be punished by any real-world criminal law. While concluding that threshold deontology could explain the coexistence of these institutions and a robust norm against punishing the innocent, the chapter suggests that other defenses might be preferable.
Type
Chapter
Information
Moral Puzzles and Legal Perplexities
Essays on the Influence of Larry Alexander
, pp. 388 - 406
Publisher: Cambridge University Press
Print publication year: 2018

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)

Save book to Kindle

To save this book to your Kindle, first ensure coreplatform@cambridge.org is added to your Approved Personal Document E-mail List under your Personal Document Settings on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part of your Kindle email address below. Find out more about saving to your Kindle.

Note you can select to save to either the @free.kindle.com or @kindle.com variations. ‘@free.kindle.com’ emails are free but can only be saved to your device when it is connected to wi-fi. ‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply.

Find out more about the Kindle Personal Document Service.

Available formats
×

Save book to Dropbox

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Dropbox.

Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

Available formats
×