Table Of ContentA n Expressive Theory of Punishment
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An Expressive Theory of
Punishment
Bill Wringe
Bilkent University, Ankara, Turkey
© Bill Wringe 2016
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For Charlotte and Max: heaven knows what they will
make of it.
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Contents
Acknowledgments viii
Part I T he Paradigmatic Case
1 Punishment: Some Questions Philosophers Askk 3
2 P unishment, Harsh Treatment and Suffering 18
3 P unishment As Expression: Who? What? To Whom? 42
4 E xpression, Publicity and Harsh Treatment 6 6
Part II N on-Paradigmatic Punishments
5 Perp Walks as Punishment 91
6 Punishing War Crimes 111
7 Punishing Corporations 131
8 Punishing States 154
B ibliography 178
Index 185
vii
Acknowledgments
Several chapters in this book draw on, and reproduce either in part or
in whole, work which has previously appeared in print. I am grateful to
Springer for permission to reproduce material from the following arti-
cles: ‘Must Punishment Be Intended to Cause Suffering?’ Ethical Theory
and Moral Practice 16 (4) pp. 863–77 (which forms the basis of Chapter 2);
‘Perp Walks and Punishment’ E thical Theory and Moral Practice 18 (3)
pp. 615–29 (which forms the basis of Chapter 5); ‘War Crimes and
Expressive Theories of Punishment: Communication or Denunciation?’
Res Publica 16 pp. 119–33 and ‘Why Punish War Crimes? Victor’s
Justice and Expressive Justifications of Punishment’ Law and Philosophy
25 (2) pp. 159–91, parts of which appear in Chapter 6. I am also grateful
to Wiley Blackwell for permission to reprint material from ‘Collective
Agents and Communicative Theories of Punishment’ Journal of Social
Philosophyy43 (4) pp. 436–56, which forms the basis of Chapter 7.
I would like to thank each of the following for encouragement and
support, whether intellectual, practical or emotional, and in many cases
for penetrating comments on one or more draft chapters, or on papers
which contributed to this book: Varol Akman, Istvan Aranyosi, John Baker,
Sally Barclay, Radu Bogdan, Chris Bennett, Sandrine Berges, Max Berges,
Sandy Berkovski, Thomas Besch, David Copp, Helen Brown Coverdale,
Janet Brennan Croft, Liz Disley, Antony Duff, Rob Fisher, John France,
Max de Gaynesford, Margaret Gilbert, Shane Glackin, Joshua Glasgow,
Nathan Hanna, Gaye Heathcote,İrem Kurtsal Steen, Fragano Ledgister,
Ambrose Lee, Kourken Michaelian, Monica Mookherjee, Adam Morton,
Mark Nelson, Andrei Poama, Diana Richards, Lucas Thorpe, Lars Vinx,
William von Bulow, Simon Wigley, Jack Woods, Ally Wringe, Charlotte
Wringe, Colin Wringe.
While I was writing or, too often, not writing this book, the commen-
tariat at Making Light provided me with entertaining and enlightening
conversation on too many occasions to recall, and I would like to thank
them both individually and collectively, as well as Teresa Nielsen Hayden
and Patrick Nielsen Hayden for bringing the blog and the conversations
it supports into existence, and also Avram Grumer, Abi Sutherland, Jim
MacDonald and Idumea Arbacoochee for moderating and sustaining
it. My greatest debt is, of course, to Sandrine Berges, without whom
nothing would have been either started or finished.
viii
Part I
T he Paradigmatic Case