Abstract

Hart commences his essays by stating what he thinks is the search and its concomitant questions. The search he asserts is for principles to justify punishment. Unfortunately, no attempt is made to describe criteria of justification, let alone what is meant by principles. The questions that arise are in terms of giving a general justification for punishing individuals and for determining the severity of that punishment; and of establishing the appropriate method for selection of objects of punishment. No reference is made to a general societal system, nor to the nature of a whole criminal process functioning from statutes through police, to courts and judges. He then describes a "General Justifying Aim" and a system of distribution of punishment.