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CHAPTER 2

The Purposes of Punishment

OVERVIEW

Why do we punish? Why isn’t requiring a defendant to pay damages to his victim “enough”? These are hardly new questions; philosophers have debated them for millennia. This chapter explores some of the answers they have given, upon which modern criminal law is founded. The two usual answers---utilitarianism and retributivism---are explored and assessed within the context of current legislative efforts to broaden the reach of the criminal law.

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