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Realism and the Censure Theory of Punishment

In Patricia Smith & Paolo Comanducci (eds.), Legal Philosophy: General Aspects. Franz Steiner Verlag. pp. 117-29 (2002)

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  1. The Nature of Reactive Practices: Exploring Strawson’s Expressivism.Thaddeus Metz - 2008 - South African Journal of Philosophy 27 (3):49-63.
    I aim to answer the questions of whether reactive practices such as gratitude and punishment are inherently expressive, and, if so, in what respect. I distinguish seven ways in which one might plausibly characterize reactive practices as essentially expressive in nature, and organise them so that they progress in a dialectical order, from weakest to strongest. I then critically discuss objections that apply to the strongest conception, questioning whether it coheres with standard retributive understandings of why, when and where the (...)
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  • Censure theory still best accounts for punishment of the guilty: Reply to Montague.Thaddeus Metz - 2009 - Philosophia 37 (1):113-23.
    In an article previously published in this journal, Phillip Montague critically surveys and rejects a handful of contemporary attempts to explain why state punishment is morally justified. Among those targeted is one of my defences of the censure theory of punishment, according to which state punishment is justified because the political community has a duty to express disapproval of those guilty of injustice. My defence of censure theory supposes, per argumentum, that there is always some defeasible moral reason for the (...)
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