On F. H. Bradley’s “Some remarks on punishment”.

Abstract

Bradley’s essay marks a key historical moment in the development of penal theories. The orthodox view is that different penal goals cannot be united in a coherent framework. Bradley demonstrates that penal pluralism in a coherent theory is possible, but there remains the problem of whether it can be rendered compelling. While Bradley’s specific proposal may require revisions, his approach helps to reveal how we might construct the coherent framework we require for the penal pluralism adopted in our widely used sentencing guidelines. Bradley shows that penal pluralism can be possible. Our project is to render it more plausible.