Acknowledgments
Introduction
Part I: A Metatheory of Punishment
1. Why Submit to Punishment?
How to Justify Punishment • Submission to Punishment: A Brief History • The Need to Address the Question of Submission • Civil Disobedience
2. Two Paradigms of Punishment
The Two Paradigms • The Status of the Two Paradigms • The Priority of the Conscientious Paradigm • Submission to Punishment and the Traditional Theories • Nontraditional Theories
3. It Doesn't Have to Hurt: Punishment, Suffering, and Other Evils
The History of the Standard View • Refutation of the Standard View: The Main Grounds • Additional Counterexamples • The Psychology of Positive Punishment • Disvalue and the Justification of Punishment • Concessions to the Standard View
4. What is Punishment?
A Definition • Applications • Definition and Justification
Part II: A Theory of Punishment
5. The Rectification Theory of Punishment
Equal Basic Rights • The Kernel of the Theory • How to Broaden Your Sphere • The Extent of the Broadening • Determining the Sentence • An Objection: Future or Past Rights? • Suffering Not Essential • A True Claim of Rights • Interpretation of the Punishment • How to Restrict Your Own Liberty • Remission of Punishment • Affinities to Other Views
6. The Rectification Theory: Application and Evaluation
The Domain of the Principle • Attempts and Victimless Offenses • Punishment of Recidivists • Community Service • Imprisonment • Penance for Sins • Evaluation
7. Punishment and Contract
Overview • Methodology for Nonideal Theory • Making the Contract • The Content of the Contract • Principles of Interpretation • Applicability of the Contract, Division of Offenses • Applying the Contract • Transfer to the Real World • Hamlet without the Prince
7. Punishment, Contract, and Fraternity
An Objection • The Social Contract as Relational Contract • The Fraternal Society • The Questions Answered
Appendix
Notes
Index