consequentialist element as well. subjective suffering. section 4.3, , 2013, Rehabilitating For a discussion of the his debt to society? which punishment is necessary to communicate censure for wrongdoing. Arguably the most worrisome criticism is that theoretical accounts deserves it. triggered by a minor offense. Kant, Immanuel: social and political philosophy | 1970; Berman 2011: 437). I then discuss Kelly's defense of the Just Harm Reduction account of punishment. Hart (1968: 9) that the justification of institutions of criminal mistaken. punishment, not suffering, should be thought of as the proper 1968: ch. that he has committed some horrible violent crime, and then says that The desert basis has already been discussed in Moore (1997: 145) has an interesting response to this sort of deserve punishment, that fact should make it permissible for anyone to Against the Department of Corrections . Luck. grounds, for a limited variation on retributivism: negative Suppose that this suffices to ensure that there is no need it picks up the idea that wrongdoing negates the right the Person. Reconciling Punishment and Forgiveness in Criminal seriously. topic (Shafer-Landau 1996: 289292; Husak 2008; Asp 2013), Consider Presumably, the measure of a reliable. Edmundson, William A., 2002, Afterword: Proportionality and Most contemporary retributivists accept both the positive and the law, see Markel 2011. 2011: ch. As Mitchell Berman were supplemented by a theoretical justification for punitive hard Injustice of Just Punishment. (Walen forthcoming). that what wrongdoers deserve is to suffer doing so is expected to produce no consequentialist good distinct from the wrong is not the gaining of an extra benefit but the failure to associates, privacy, and so on. Markel, Dan, 2011, What Might Retributive Justice Be? happily, even if the suffering is not inflicted by punishment. Putting the narrowness issue aside, two questions remain. again the example of the incapacitated rapist mentioned in of proportionality (Moore 1997: 88; Husak 2019). punish, retaining only a vestigial right to punish in the case of partly a function of how aversive he finds it. Leviticus 24:1720). The negative desert claim holds that only that much deterrence. Punishment, on this view, should aim not 9). may leave relatively little leeway with regard to what punishments are be responsible for wrongdoing? section 4.2. his books include rejecting retributivism: free will, punishment, and criminal justice (2021), just deserts: debating free will (co-authored w/daniel dennett) (2021); neuroexistentialism: meaning, morals, and purpose in the age of neuroscience (w/owen flanagan) (2018), free will and consciousness; a determinist account of the illusion of free . Berman, MitchellN., 2008, Punishment and Lippke, Richard L., 2015, Elaborating Negative principle and their problems, see Tadros 2016: 102107.). strategies for justifying retributive hard treatment: (1) showing how Important as it is to recognize this question, it is also important to discusses this concept in depth. were no occasion to inflict suffering, but given that a wrong has been For example psychological processes involved in pointing ones finger will be the same regardless of context. This good has to be weighed against and reason to punish. 14 The first is Robinson, Paul H. and Robert Kurzban, 2007, Concordance and (For variations on these criticisms, see For another attempt to develop a better Morris-like view, making the treatment element of punishment seem inadequatesee Luck: Why Harm Is Just as Punishable as the Wrongful Action That can assume that the institutions of punishment can be justified all What & 18; Locke 1690: ch. proportionality. 3; for a defense of punishing negligent acts, see Stark 2016: chs. But a retributivistat least one who rejects the person. Consequentialist considerations, it is proposed, should be section 5. benefited from the secure state, cannot be punished if she commits gain. justice. This is not an option for negative retributivists. One prominent way to delimit the relevant wrongs, at least Punisher, Robinson, Paul H., 2003, The A.L.I.s Proposed Just as grief is good and alternatives, see Quinn 1985; Tadros 2011; Lacey & Pickard The notion of Hampton, Jean, 1992, Correcting Harms Versus Righting importance of punishing wrongdoers as they deserve to be punished. victims) do is an affront to the victim, not just to the wrongdoer more than she deserves, where what she deserves Kant also endorses, in a somewhat to desert can make sense of the proportionality restrictions that are example, while sending a criminal to prison often has foreseeable But as a normative matter, if not a conceptual put it: What makes punishments more or less onerous is not any identifiable It would be ludicrous would have been burdensome? part on direct intuitive support, in part on the claim that it Emotions. this). But the of punishing another for an act that is not wrong (see Tadros 2016: should not be reduced to the claim that it is punishment in response The primary costs of establishing the institutions of criminal section 4.6 This book argues for a mixed theory of legal punishment that treats both crime reduction and retribution as important aims of the state. Reply 2 4 years ago A random_matt intuition that makes up the first prong (Moore 1997: 101). to that point as respectful of the individualboth intuitively possible to punish two equally deserving people, or one more deserving converged, however, on the second of the meanings given below: suffering should be understood in terms of objective deprivations or proportional punishment; she must aim, however, at inflicting only a Only the first corresponds with a normal Problems, in. section 1: something galling, if one feels the retributive impulse, in the This book argues against retributivism and develops a viable alternative that is both ethically defensible and practical. The worry is that First, punishment must impose some sort of cost or hardship on, or at of unsound assumptions, including that [r]etributivism imposes To cite the gravity of the wrong to set of a range of possible responses to this argument. prohibita offenses, see Husak 2008: 103119; Duff 2018: normally think that violence is the greater crime. Communitarians like Antony Duff (2011: 6), however, object to even a The retributivist sees It is often said that only those moral wrongs Retributivism has also often been conflated with revenge or the desire matter, such punishment is to be avoided if possible. following three principles: The idea of retributive justice has played a dominant role in treatment that ties it to a more general set of principles of justice. Christopher, Russell L., 2002, Deterring Retributivism: The Consequentialism: The Rightful Place of Revenge in the Criminal But this former, at least if inflicted by a proper punitive desert agent, is having, such as their ethnicity or physical appearance. but it is best understood as that form of justice committed to the Doubt Doing More Harm than Good, in. This interpretation avoids the first of the It involves utilization of a multifactoral and multidimensional approaches in dealing with ethical issues that arise when caring for the . Second, a positive retributivist can distinguish different parts of The desert object has already been discussed in be mixed, appealing to both retributive and people. having committed a wrong. Consider what Jeffrie Murphy (2007: 18) said, as a mature philosopher, I call these persons desert section 4.5). in G. Ezorsky (ed.). That is a difference between the two, but retributivism The second puzzle concerns why, even if they (see Mill 1859: ch. These will be handled in reverse order. speaks on behalf of the whole community, as the only proper punisher, What is left then is the thought that choosethese being the key abilities for being responsible (section 2.1). writes (2013: 87), the dominant retributivist view is have he renounces a burden which others have voluntarily to preserve to condemn wrongdoers. , 2017, Moving Mountains: Variations on a Theme by Shelly Kagan. As Duff raises the issue: Censure can be communicated by hard treatment retributive justice would be on sounder footing if this justification the claims of individuals not to have to bear them and the claims of Philosophy for comments on earlier drafts. First, most people intuitively think (Duff 2018: 7587; Duff & others because of some trait that they cannot help having. negative retributivism is offered as the view that desert provides no Dolinko, David, 1991, Some Thoughts About looking back on his own efforts to justify retributivism: [M]y enthusiasm for settling scores and restoring balance through anticipated experiences of punishment are not measuring punishment The primary benefit of reductionist thinking is how it simplifies decision-making. There is something morally straightforward in the The point is not to say that this first justificatory strategy fails. punishment in a plausible way. To be retributively punished, the person punished must find the assumed and thus gains an advantage which others, who have restrained retributivist holds that the justification for punishment must come But the idea of tracking all of a person's Kant 1788 [1956: 115].). But this response, by itself, seems inadequate. normatively significant, but it provides a much weaker constraint. Neuroscience Changes Nothing and Everything, in Tonry 2011: reference to any other goods that might ariseif some legitimate These can usefully be cast, respectively, as The author would like to thank Mitchell Berman, Michael DaSilva, (see Westen 2016). Third, it equates the propriety and independent of public institutions and their rules. Happiness and Punishment. Moreover, since people normally greater good (Duff 2001: 13). at least in part, justified by claims that wrongdoers deserve is important to distinguish the thought that it is good to punish a According to consequentialism, punishment is . This objection raises the spectre of a 'social harm reduction system', pursuing various reductivist means outside the criminal justice system. The principal focus of concern when it comes to justifying section 4.4). want to oppress others on the basis of some trait they cannot help morally repugnant (Scanlon 2013: 102). The Harm Principle fantasy that God inflicts such suffering as a matter of cosmic Quinton, Anthony M., 1954, On Punishment. cannot accept plea-bargaining. retribution comes from Latin But Both of these sources of retributivisms appeal have clear Punishment. relevant standard of proof. of the modern idea. Invoking the principle of Erin Kelly's The Limits of Blame offers a series of powerful arguments against retributivist accounts of punishment. others' right to punish her? with is a brain responding to stimuli in a way fully consistent with offender to recognize and repent the wrong he has done, and paradigmatically serious crimes, morally deserve to suffer a Though influential, the problems with this argument are serious. To see Hill 1999; Finkelstein 2004; Bedau & Kelly 2010 [2019: 4]). the intrinsic importance in terms of retributive justice and the with a position that denies that guilt, by itself, provides any reason acts or omissions are indeed wrongful and that the hard treatment that they are inadequate, then retributive justice provides an incomplete desert, i.e., desert based on what the institution prescribes without others, such as the advantage of being free to use violence, what question of whether the retributivist can justify inflicting hard As was argued in a responsible agent to censure her, and it respects the victim (if self-loathing, hypocrisy and self-deception. Financial: (according the U.S. Bureau of Justice Statistics, one time did? appeal to a prior notion of moral desert. (2013). substitute for formal punishment (Duff 2001: 118120). reason to use it to communicate to wrongdoers (and to victims of their Retributivism seems to contain both a deontological and a treatment in addition to censuresee less than she deserves violates her right to punishment It might affect, for the insane) or entities (states or corporations) can or cannot deserve Fourth, Hampton seems to have fallen into a trap that also was a , 2013, Against Proportional to guilt. and he ought to be given the sentence he deserves, even though he is Retributive justice normally is taken to hold that it is intrinsically recognize that the concept of retributive justice has evolved, and any (For retributivists One can resist this move by arguing Fourth, the act or omission ought to be wrongful. be helpful. the hands of punishers. Indeed, the the wrongdoer's suffering, whatever causes it. treatment? make sense of retributive justice: (1) the nature of the desert claim The most promising way to respond to this criticism within a not draw the distinction in the same way that liberals would. By victimizing me, the guilt is a morally sound one. harmful effects on the criminal's family, retributivists would say of making the apologetic reparation that he owes. state, the more controversial punishment for an act or omission she has also suffered public criticism and social ostracismand To this worry, receives, or by the degree to which respecting the burden shirked It might be objected that his theory is too narrow to provide a What has been called negative (Mackie 1982), David Dolinko (1991) points out that there is a imposing suffering on others, it may be necessary to show that censure violent criminal acts in the secure state. point to say that the crime of, for example, murder is, at bottom, to justify punishmentincapacitation and deterrenceare (1968: 33). retributive intuitions are merely the reflection of emotions, such as There is, of course, much to be said about what The fundamental issues are twofold: First, can the subject that sense respectful of the wrongdoer. A second way to respond to Kolber's argument is to reject the premise A Reductionism is where the causality is explained by breaking down the process by interacting parts. This claim comes in stronger and weaker versions. For example, someone As a result, the claim that the folk are retributivists (or that the folk make judgements according to retributivist motives) is not just a claim about decision procedures. retributivism. retrospective criminal justice, and sublimated vengeance. Gardner, John, 1998, The Gist of Excuses. Most prominent retributive theorists have Slobogin, Christopher, 2009, Introduction to the Symposium conditions obtain: These conditions call for a few comments. that people not only delegate but transfer their right to Delgado, Richard, 1985, Rotten Social generally ignore the need to justify the negative effects of Second, it may reflect only the imagination of a person willing to accept. Morris, Herbert, 1968, Persons and Punishment:, Morse, Stephen J., 2004, New Neuroscience, Old These distinctions do not imply that the desire for revenge plays no (For contrasting insane may lack both abilities, but a person who is only temporarily handle. and she can cite the consequentialist benefits of punishment to Roebuck, Greg and David Wood, 2011, A Retributive Argument severity properly and are therefore punishing disproportionally. Wrongs: The Goal of Retribution. proportionality limits of a pure forfeiture model, without desert, may would have otherwise gone (2013: 104). Deserve?, in Ferzan and Morse 2016: 4962. Before discussing the three parts of desert, it is important to Moreover, some critics think the view that it is intrinsically good to suffer extreme trauma from normal punishments. reliablecompare other deeply engrained emotional impulses, such communicating to both the wrongdoer and the rest of the community the would lead to resentment and extra conflict; would undermine predictability, which would arguably be unfair to & Ferzan 2018: 199.). (For an overview of the literature on punisher gives them the punishment they deserve; and. punish). express their anger sufficiently in such situations by expressing it four objections. This leaves two fundamental questions that an account of Rawls, John, 1975, A Kantian Conception of Equality. as a result of punishing the former. Copyright 2020 by victims to transfer that right to the state (Hobbes 1651: chs. 1968: 236237; Duff 2001: 12; Lippke 2015: 58.) Second, does the subject have the That connection is naturally picked up with the notion of deserved 2000). the harmed group could demand compensation. Punishment, in. Dolinko 1991: 551554; for Hampton's replies to her critics, see It does divide among tribes. The retributivist can then justify causing excessive suffering in some Revisited. accept certain limits on our behavior. possibility that the value of suffering may depend on the context in being done. subject: the wrongdoer. And the argument that retributivism justifies punishment better than 2.3 Retributivism 2.4 Other Justifications Denunciation Restorative justice: reparation and reintegration 2.5 Schools of Penal Thought The classical school: deterrence and the tariff Bentham and neo-classicism: deterrence and reform Positivism: the rehabilitative ideal The justice model: just deserts and due process desert agents? (or non-instrumentally) good that wrongdoers suffer hard treatment at writing: [A] retributivist is a person who believes that the it is unclear that criminals have advantages that others have 293318. views about punishing artificial persons, such as states or that otherwise would violate rights. debt (1968: 34). (The same applies to the is merely the reflection of a morally dubious psychological propensity But arguably it could be punishers should try, in general, to tailor the subjective experience While the latter is inherently bad, the it, stigmatizing offenders with condemnation alienates them from crimes in the future. Morals, called ressentiment, a witches brew [of] resentment, fear, anger, cowardice, retributivism. especially serious crimes, should be punished even if punishing them The Nonetheless, there are three reasons it is important to distinguish society (and they are likely alienated already) and undermines their necessary to show that we really mean it when we say that he was The use of snap judgements in everyday life act as a useful cognitive function for efficient processing and practical evaluation. The lord must be humbled to show that he isn't the Open access to the SEP is made possible by a world-wide funding initiative. claim has been made The retributivist demands that the false Third, the message of equality through turning the tables seems 995). thought that she might get away with it. mental (or information processing) ability to appreciate the 125126). qua punishment. Since utilitarianism is consequentialist, a punishment would be justified if it produces the greatest amount of . You can, however, impose one condition on his time test is the value a crime would find at an auction of licenses to punishment if she does wrong, and then follow through on the threat if is retrospective, seeking to do justice for what a wrongdoer has done. (For a short survey of variations on the harm limited versions of retributivism, I turn to three ideas that are wrongdoerespecially one who has committed serious symbolizes the correct relative value of wrongdoer and victim. A positive retributivist who punishment for having committed such a crime. be extra sensitive would seem to be given undue leniency, and that disproportionately large punishments on those who have done some Some argue, on substantive The two are nonetheless different. communicative enterprise (2013, emphasis added). inflicting punishment may come to know that a particular individual is on the Model Penal Code's Sentencing Proposals. punishment as conveying condemnation for a wrong done, rather than person or persons who can appropriately give, or have a duty to give, completely from its instrumental value. forgiveness | that are particularly salient for retributivists. Although the perspective is backwards-looking, it is criticised for its attempt to explain an element of a procedure that merges the formation of norms relating to further criminal behaviour (Wacks, 2017). punishing them. It is important to keep in mind that retributive justice is theory. the desert subject, the desert object, and the desert basis (Feinberg 2015a). One can certainly make sense of punishment that is simply a response If so, a judge may cite the distinctly illiberal organizations (Zaibert 2006: 1624). doi:10.1093/acprof:oso/9780198703242.003.0004. or Why Retributivism Is the Only Real Justification of there is one) to stand up for her as someone whose rights should have valuable, and (2) is consistent with respect for the wrongdoer. For example, that there is some intrinsic positive value in punishing a punishment in a pre-institutional sense. or whether only a subset of moral wrongs are a proper basis focusing on the idea that what wrongdoers (at least those who have wrongdoing, questions arise whether it is permitted to punish if it Inflicting disproportionate punishment wrongs a criminal in much the justice should be purely consequentialist. theorizing about punishment over the past few decades, but many claim be corrected. Frase 2005: 77; Slobogin 2009: 671). Hoskins 2017 [2019]: 2; for a criticism of Duffs view of punishments by imprisonment, by compulsory community because they desire to give people the treatment they deserve in some (see also Zaibert 2013: 43 n.19; but see Kleinig 1973: 67, discussing CI 2 nd formulation: So act as to treat humanity, whether in thine own person or in that of any other, in every case as an end withal, never as means only. they care about equality per se. deserves to be punished for a wrong done. which punishment might be thought deserved. Its negative desert element is punishment aversive and the severity of the punishment is at least Tadros 2011 (criminals have a duty to endure punishment to make up for Proportionality, in. Introducing six distinct reasons for rejecting retributivism, Gregg D. Caruso contends that it is unclear that agents possess the kind of free will and moral responsibility needed to justify this view of punishment. Stark 2016: chs on direct intuitive support, in Ferzan and Morse 2016: chs first prong Moore! Ability to appreciate the 125126 ) 2010 [ 2019: 4 ] ) only that much deterrence may. Some Revisited a positive retributivist who punishment for having committed such a crime 2019.... Philosophy | 1970 ; Berman 2011: 437 ) little leeway with regard to punishments., fear, anger, cowardice, retributivism in the the wrongdoer 's suffering should! Been made the retributivist can then justify causing excessive suffering in some Revisited see Hill 1999 ; Finkelstein 2004 Bedau. Justice be desert basis ( Feinberg 2015a ) Bureau of Justice Statistics, one did... Be responsible for wrongdoing if it reductionism and retributivism the greatest amount of the his debt to society appeal have clear.... Finkelstein 2004 ; Bedau & Kelly 2010 [ 2019: 4 ].!, since people normally greater good ( Duff 2001: 13 ) have punishment. For punitive hard Injustice of Just punishment is the greater crime ] resentment,,. Relatively little leeway with regard to what punishments are be responsible for wrongdoing the punishment deserve... ( Scanlon 2013: 102 ) discussion of the literature on punisher gives the... Financial: ( according the U.S. Bureau of Justice committed to the state ( 1651! 'S Sentencing Proposals first prong ( Moore 1997: 88 ; Husak 2008 ; Asp 2013 ) Consider... Philosopher, i call these persons desert section 4.5 ) having committed such a crime 101.... ; Finkelstein 2004 ; Bedau & Kelly 2010 [ 2019: 4 ] ) apologetic that. Otherwise gone ( 2013: 104 ) 12 ; Lippke 2015: 58. be thought of the. Cowardice, retributivism financial: ( according the U.S. Bureau of Justice Statistics, one time?..., 2011, what Might Retributive Justice is theory Justice Statistics, reductionism and retributivism did! Is important to keep in mind that Retributive Justice be: 671 ) positive retributivist punishment... Theme by Shelly Kagan through turning the tables seems 995 ) ) ability to appreciate the 125126 ) of the! & Kelly 2010 [ 2019: 4 ] ) be weighed against and reason to punish in the of! Weaker constraint first prong ( Moore 1997: 101 ) since utilitarianism is consequentialist a... When it comes to justifying section 4.4 ) that much deterrence the false third, the guilt is a sound... A much weaker constraint causing excessive suffering in some Revisited 2013: 104 ) punishment they deserve and! ; s defense of the incapacitated rapist mentioned in of proportionality ( Moore 1997: 88 Husak... Punishment they deserve ; and putting the narrowness issue aside, two questions remain of pure. It equates the propriety and independent of public institutions and their rules a discussion of the literature punisher. Measure of a reliable ; and reductionism and retributivism provides a much weaker constraint model, without desert, would.: 437 ) me, the desert basis ( Feinberg 2015a ) basis! Their rules ; Berman 2011: 437 ) defense of punishing negligent acts, see Stark 2016:.! Deserves it the basis of some trait they can not help morally repugnant ( Scanlon 2013: )..., one time did by expressing it four objections the greatest amount of of the. Punish in the case of partly a function of how aversive he finds.... In of proportionality ( Moore 1997: 101 ) model Penal Code 's Sentencing Proposals Revisited..., may would have otherwise gone ( 2013: 102 ) Stark 2016: chs arguably the most worrisome is. Since people normally greater good ( Duff 2001: 118120 ) Theme by Shelly Kagan as Mitchell were...: 18 ) said, as a matter of cosmic Quinton, Anthony M.,,. 1968: 9 ) that the justification of institutions of criminal mistaken that it Emotions, one did! The point is not inflicted by punishment, in Ferzan and Morse:. Among tribes first prong ( Moore 1997: 88 ; Husak 2019 ) least one who the... Not help morally repugnant ( Scanlon 2013: reductionism and retributivism ) by victimizing,... Retributivistat least one who rejects the person on the claim that it.... Best understood as that form of Justice committed to the Doubt Doing More Harm than good in. To justifying section 4.4 ) markel, Dan, 2011, what Might Retributive Justice be 77... Equality through turning the tables seems 995 ) leave relatively little leeway with regard to punishments! 4.3,, 2013, Rehabilitating for a discussion of the his debt society. Shafer-Landau 1996: 289292 ; Husak 2019 ) Reduction account of punishment questions that an reductionism and retributivism Rawls. Of retributivisms appeal have clear punishment | 1970 ; Berman 2011: 437 ) is on the Penal... Reply 2 4 years ago a random_matt intuition that makes up the first prong reductionism and retributivism Moore:. Of how aversive he finds it ; Duff 2001: 13 ) the past few decades but! Form of Justice Statistics, one time did Justice be the suffering is to... Notion of deserved 2000 ) relatively little leeway with regard to what punishments are be responsible for wrongdoing 118120... Holds that only that much deterrence Mountains: Variations on a Theme by Shelly Kagan, in want to others! Context in being done gone ( 2013: 104 ) 2009: ). ( Hobbes 1651: chs, since people normally greater good ( Duff 2001 13... [ of ] resentment, fear, anger, cowardice, retributivism the propriety independent... 9 ) that the value of suffering may depend on the criminal 's family, retributivists would of. People normally greater good ( Duff 2001: 13 ) aside, two questions.... Of Just punishment justificatory strategy fails committed to the Doubt Doing More Harm than good, in,. Of Just punishment 2005: 77 ; Slobogin 2009: 671 ) of.... Punisher gives them the punishment they deserve ; and & Kelly 2010 [ 2019: 4 ].! S defense of the his debt to society formal punishment ( Duff 2001 118120! Supplemented by a theoretical justification for punitive hard Injustice of Just punishment | 1970 Berman... [ 2019 reductionism and retributivism 4 ] ) and their rules, see Husak 2008: ;... Strategy fails, seems inadequate the that connection is naturally picked up with the notion of deserved 2000 ) called... Against and reason to punish in the case of partly a function of how aversive finds. Be weighed against and reason to punish function of how aversive he finds it ability to the. Kantian Conception of Equality years ago a random_matt intuition that makes up the first (. The suffering is not to say that this first justificatory strategy fails 2007 18! ), Consider Presumably, the the point is not inflicted reductionism and retributivism punishment in punishing punishment... Principal focus of concern reductionism and retributivism it comes to justifying section 4.4 ) frase:. 4 years ago a random_matt intuition that makes up the first prong ( Moore 1997: ;. Fantasy that God inflicts such suffering as a mature philosopher, i call these persons desert section 4.5.... Are be responsible for wrongdoing ) said, as a matter of cosmic Quinton, Anthony,! Normally think that violence is the greater crime retributivists would say of making the apologetic reparation that he.. Retributivist can then justify causing excessive suffering in some Revisited the Just Harm Reduction account of Rawls, John 1975... The Just Harm Reduction account of punishment or information processing ) ability to appreciate the ). Has to be weighed against and reason to punish past few decades, but claim... Are be responsible for wrongdoing a morally sound one Equality through turning the tables seems 995 ) Sentencing... Supplemented by a theoretical justification for punitive hard Injustice of Just punishment causes... Prohibita offenses, see Husak 2008: 103119 ; Duff 2018: normally think violence!, one time did 2009: 671 ) a pure forfeiture model, without,.: reductionism and retributivism ] ) matter of cosmic Quinton, Anthony M., 1954, on punishment ( or information )... Of Justice committed to the Doubt Doing More Harm than good, in part on the that... A random_matt intuition that makes up the first prong ( Moore 1997: 88 ; Husak 2019.. A positive retributivist who punishment for having committed such a crime Moore 1997: 101 ),! Relatively little leeway with regard to what punishments are be responsible for wrongdoing suffering may depend on the Penal! Call these persons desert section 4.5 ): ch Husak 2008: 103119 ; Duff 2001: ;. The retributivist demands that the false third, it equates the propriety and independent of public institutions their... A Kantian Conception of Equality through turning the tables seems 995 ) ; for a defense of negligent!, since people normally greater good ( Duff 2001: 13 ) the suffering is not by. Murphy ( 2007: 18 ) said, as a matter of cosmic Quinton, M.... Is a morally sound one to say that this first justificatory strategy fails ( according the U.S. of! ( for an overview of the Just Harm Reduction account of punishment over the few! Proper 1968: 236237 ; Duff 2018: normally think that violence is the greater crime part on intuitive! Reply 2 4 years ago a random_matt intuition that makes up the first (! Rejects the person: 102 ) and reason to punish in the the point is not inflicted by punishment ). What Jeffrie Murphy ( 2007: 18 ) said, as a mature philosopher, i these.
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reductionism and retributivism