PUNISHMENT AND THE HISTORY OF POLITICAL PHILOSOPHY From Classical Republicanism to the Crisis of Modern Criminal Justice This page intentionally left blank Punishment and the History of Political Philosophy From Classical Republicanism to the Crisis of Modern Criminal Justice ARTHUR SHUSTER UNIVERSITY OF TORONTO PRESS Toronto Buffalo London © University of Toronto Press 2016 Toronto Buffalo London www.utppublishing.com Printed in the U.S.A. ISBN 978 -1 -4426 -4728 -2 Printed on acid -free, 100% post -consumer recycled paper with vegetable -based inks. Library and Archives Canada Cataloguing in Publication Shuster, Arthur, 1980–, author Punishment and the history of political philosophy : from classical republicanism to the crisis of modern criminal justice / Arthur Shuster. Includes bibliographical references. ISBN 978-1-4426-4728-2 (bound) 1. Punishment – Philosophy. 2. Criminal justice, Administration of – Philosophy. 3. Punishment – Moral and ethical aspects. 4. Punishment – Political aspects. I. Title. K5103.S58 2016 364.601 C2015-907071-6 This book has been published with the help of a grant from the Federation for the Humanities and Social Sciences, through the Awards to Scholarly Publications Program, using funds provided by the Social Sciences and Humanities Research Council of Canada. University of Toronto Press acknowledges the financial assistance to its publishing program of the Canada Council for the Arts and the Ontario Arts Council, an agency of the Government of Ontario. Funded by the Financé par le Government gouvernement of Canada du Canada To my parents This page intentionally left blank Contents Acknowledgments ix Introduction 3 1 The Problem of Punishment and the Limits of Reform in Plato’s Laws 15 2 Modern Natural Right and Punishment in Hobbes’s Leviathan 51 3 Liberalizing the Criminal Law: Montesquieu and Beccaria 75 4 Retribution and Individual Autonomy in Kant’s Rechtslehre 98 5 Foucault and the Crisis of Modern Criminal Justice 116 Conclusion: Punishment and Liberalism 132 Notes 141 Bibliography 171 This page intentionally left blank Acknowledgments I thank Boston College and Claremont McKenna College for their sup- port over the years while I was completing the manuscript for this book. This book has grown out of my doctoral dissertation at the University of Texas at Austin, and anything of value in it I owe to my teachers there, whose guidance and support throughout my studies, and whose friendship since then, have been a true gift. I particularly wish to thank Thomas and Lorraine Pangle, as well as Devin Stauffer, for sharing with me their insights into the great questions of political philosophy, without which this study would not have been possible. I also thank Russell Muirhead for his valuable encouragement and sage advice. I would also like to thank The Review of Politics for granting permis- sion to use material (parts of chapter 4) that originally appeared in that journal as “Kant on the Retributive Outlook in Moral and Political Life” (Summer 2011). A.S., August 2014