Mirror of Justice

A blog dedicated to the development of Catholic legal theory.
Affiliated with the Program on Church, State & Society at Notre Dame Law School.

Wednesday, October 26, 2011

Koritansky's "Thomas Aquinas and the Philosophy of Punishment"

I am very excited to read this new book by Peter Karl Koritansky (University of Prince Edward Island), KOTAThomas Aquinas and the Philosophy of Punishment (CUA Press 2011).  My own view is that punishment theory and punishment policy might greatly benefit from a historical turn, rediscovering (or, often enough, discovering for the first time) the richness and depth of perspectives on punishment which have, for one reason or another, been forgotten in the historical firmament or perhaps even ignored altogether. 

Thomas Aquinas is neither forgotten nor ignored, but this is one of the only full-length book treatments of his thought about punishment of which I am aware, and it is certainly the only one which connects directly to the present debate about punishment theory and punishment practice today.  Cool. 

The publisher's description is after the jump. [x-posted CLR Forum]

Thomas Aquinas and the Philosophy of Punishment explores how Aquinas's understandings of natural law and the common good apply to the contemporary philosophical discussion of punitive justice. It is the first book-length study to consider this question in decades, and the only book that confronts modern views of the topic.

Peter Karl Koritansky presents Thomas Aquinas's theory of punishment as an alternative to the leading schools of thought that have dominated the philosophical landscape in recent times, namely, utilitarianism and retributivism. After carefully examining each one and tracing its roots back to Immanuel Kant and Jeremy Bentham, Koritansky concludes that neither approach to punitive justice is able to provide a philosophically compelling justification for the institution of punishment. He explains how St. Thomas approaches the same philosophical questions from a markedly different set of assumptions rooted in his theory of natural law and his understanding of the common good.

Not without its own difficulties, Aquinas's approach offers a rationale and justification of punishment that is, Koritansky argues, much more humane, realistic, and compelling than either contemporary school is able to provide. Koritansky distinguishes his reading of the Angelic Doctor from that of other interpreters who tend to conflate Aquinas's teaching with various aspects of recent thought. A final chapter considers the death penalty in John Paul II's Gospel of Life and debates whether current Catholic teaching about the death penalty conflicts with Aquinas's arguments in favor of the death penalty.



DeGirolami, Marc | Permalink

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Posted by: Rick Garnett | Oct 26, 2011 10:23:18 PM

If you are interested in the history of theories of punishment, you might also be interested in an anthology edited by Peter Koritansky, just out from U. of Missouri Press, and entitled something like _The philosophy of punishment and the history of political thought_. Unfortunately, the volume is not inexpensive. I should also confess, in the interests of fair advertising, etc., that I have a chapter (on ancient Stoicism and punishment) in the volume.

Posted by: Michael J. White | Dec 8, 2011 5:58:29 PM

Dear Prof. White,

Thanks for making me aware of this. What an excellent collection of papers.


Posted by: Marc DeGirolami | Dec 8, 2011 6:16:09 PM