Moral, Tadel, Buße

How can a state justify a system of criminal punishment? This question has been discussed for a long time. Some theories of criminal punishment that are debated with some vigour in the Anglo-American world have received surprisingly little attention in Germany. This applies particularly for theories that take a moral approach to punishment.

One of the most preeminent theorists of our times is the British philosopher Antony Duff. His work had great influence on the Anglo-American debate. Duff emphasises the moral nature of the criminal law and the communicative role of punishment, and further develops an account of hard treatment as a form of secular kind of penance. This book contains a synopsis and an analysis of several of Duff’s monographs and essays including many direct translations, thereby providing a good impression of the theory and its potential integration into the German debate.