The pursuit of that aim must be constrained by nonconsequentialist principles that preclude the kinds of injustice alleged to flow from a purely consequentialist account.

Perhaps the most influential example of a mixed account begins by recognizing that the question of punishment’s justification is in fact several different questions, which may be answered by appeal to different considerations. In particular, Hart (1968: 9–10) pointed out that we may ask about punishment, as about any social institution, what compelling rationale there is to maintain the institution (that is, what values or aims it fosters) and also what considerations should govern the institution. The compelling rationale will itself entail certain constraints: e.g., the rationale of deterren...