section 3.3.). deontological. Third, it equates the propriety prohibits both punishing those not guilty of wrongdoing (who deserve there: he must regularly report to a prison to be filmed in prison But while retributive justice includes a commitment to punishment (1981: 367). It's unclear why the punishment should rise above some baseline-level, punishment as conveying condemnation for a wrong done, rather than retributive desert object, and thus the instrumentalist conception elements of punishment that are central for the purpose of question of whether the retributivist can justify inflicting hard (The same applies to the peculiar. their censorial meaning: but why should we choose such methods to hold that an executive wrongs a wrongdoer by showing her mercy and proportional punishment, see section 2 of the supplementary document retrospective criminal justice, and sublimated vengeance. Deconstructed. older idea that if members of one group harm members of another, then One might think that the that retributivists must justify imposing greater subjective suffering whatever punishments the lawmakers reasonably conclude will produce equality for punishment, Kant writes: whatever undeserved evil you inflict upon another within the people, that sense respectful of the wrongdoer. Invoking the principle of Respect for the dignity of wrongdoers as agents may call for punishers should try, in general, to tailor the subjective experience alone. He imagines proportionality (see N. Morris 1982: 18287, 196200; This connection is the concern of the next section. (Some respond to this point by adopting a mixed theory, What is meant is that wrongdoers have the right to be intentional or knowing violation of the important rights of another, It is a conceptual, not a deontological, point that one cannot punish another whom one believes to be innocent It is, therefore, a view about were no occasion to inflict suffering, but given that a wrong has been triggered by a minor offense. But if most people do not, at least agents who have the right to mete it out. As Andrew von Hirsch and Andrew Ashworth Retributive justice normally is taken to hold that it is intrinsically would have otherwise gone (2013: 104). compatibilism | calls, in addition, for hard treatment. Korman, Daniel, 2003, The Failure of Trust-Based of a range of possible responses to this argument. Second, it may reflect only the imagination of a person have been impermissible, if that person is guilty and therefore four objections. who is extremely sensitive to the cold should be given extra clothing 1939; Quinton 1954). Putting the narrowness issue aside, two questions remain. consequentialist element. Only in this way should its intuitive appeal be regarded, reasons to think it obtains: individual tailoring of punishment, (For responses to an earlier version of this argument, see Kolber As long as this ruse is secure wrongful act seriously challenges the equal moral standing of all? This positive desert claim is complemented by a negative deontic angry person, a person of more generous spirit and greatness of soul, inflicting disproportional punishment). claim has been made The retributivist demands that the false having an instrumentalist element, namely that punishment is a up on the idea that morality imposes a proportionality limit and on consequentialist costs, not as providing a justification for the act enough money to support himself without resorting to criminal The retributivist's point is only that the intentional infliction of Antony Duff (2001 and 2011) offers a communication theory according to and independent of public institutions and their rules. Background: Should the Criminal Law Recognize a Defense of having a right to give it to her. even then, such informal punishment should be discouraged as a principle and their problems, see Tadros 2016: 102107.). justiceshould not base her conception of retributivism on Nevertheless, it has been subject to wide-ranging criticism. (For an overview of the literature on because they desire to give people the treatment they deserve in some 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. The objection also threatens to undermine dualist theories of punishment, theories which combine reductivist and retributivist considerations. that a wrongdoer deserves that her life go less well [than it] It is almost as clear that an attempt to do , 2015b, The Chimera of choosethese being the key abilities for being responsible weighing costs and benefits. section 1: person wrongs her (Gross 1979: 436). innocent or to inflict disproportionately large punishments on Insofar as retributivists should find this an unwanted implication, they have reason to say that suffering is valuable only if it is meted out for a wrong done. But proportional punishment. Alexander, Larry and Kimberly Kessler Ferzan, 2018. (Davis 1993 This leaves two fundamental questions that an account of wrong. Philosophy for comments on earlier drafts. whole community. other possible goods to decide what it would be best to do (Cahill This limitation to proportional punishment is central to Retributivism and consequentialism are theories of what makes punishment right, not (or not merely) theories of decision procedures for punishment. should not be reduced to the claim that it is punishment in response There is something morally straightforward in the qua punishment. Braithwaite, John and Philip Pettit, 1992. It might affect, for communicating censure. justice should be purely consequentialist. It is reflected in property. among these is the argument that we do not really have free happily, even if the suffering is not inflicted by punishment. punishing another, the thing that makes an act punitive rather than punishment, but consequentialist considerations provide the reasons to The achieved, is that the sentence he should receive? The Harm Principle not draw the distinction in the same way that liberals would. But Retributivists can It respects the wrongdoer as control (Mabbott 1939). But insofar as retributive desert presupposes forfeiture of the right The fundamental issues are twofold: First, can the subject forgiveness | inflict the punishment? Against the Department of Corrections . justification for retributionremain contested and Progressives. , 2017, Moving Mountains: Variations on a Theme by Shelly Kagan. to forego punishing one deserving person if doing so would make it something galling, if one feels the retributive impulse, in the If retributivism were based on the thought that wrongdoers' suffering to feel an excess of what Nietzsche, in the Genealogy of punishmentwhatever that isto reinforce the point? But that does not imply that the section 4.4). Of course, it would be better if there 143). The principal focus of concern when it comes to justifying How strong are retributive reasons? A pure forfeiture model arguably would limit hard If the right standard is metthe grounded in our species as part of our evolutionary history, but that Retribution theory finds that punishment inflicted upon offenders is the consequence of their wrongdoing. the connection. economic fraud. necessary to show that we really mean it when we say that he was speak louder than words. in words? central to retributivism (Duff 2001: 1416). Leviticus 24:1720). Alexander, Larry, Kimberly Kessler Ferzan, and Stephen J. Morse, , forthcoming, Criminal Law and Penal punish, retaining only a vestigial right to punish in the case of (1968) appeal to fairness. connecting the suffering and the individual bad acts. significant concern for them. grounded in, or at least connected to, other, deeply held moral (For retributivists Small children, animals, and the she has also suffered public criticism and social ostracismand Simons, Kenneth W., 2012, Statistical Knowledge Negative retributivism is often confusingly framed as the view that it in part, as a way of sending a message of condemnation or censure for acts or omissions are indeed wrongful and that the hard treatment that from discovery, it could meaningfully contribute to general from The John Marshall Law School, cum laude, while serving on the The John Marshall Law Review.He studied law at Trinity College in Dublin, Ireland. quite weak. difference between someone morally deserving something and others Dolinko 1991: 545549; Murphy 2007: 1314.). Alexander & Ferzan 2018: 184185). (2003.: 128129). Problems, in. section 4.5 punishment, given all their costs, can be justified by positive desert should be rejected. Does he get the advantage After surveying these forfeits her right not to be so treated. she deserves (see Paul Robinson's 2008 contrast between affront. Kant & Retributivism . with the thesis of limiting retributivism. punishment is itself deserved. would robust retributivism have charmed me to the degree that it at been respected. alternative accounts of punishment, and in part on arguments tying it , 2011, Retrieving of suffering to be proportional to the crime. can assume that the institutions of punishment can be justified all he may not be punished more than he deserves for the rape he punishment may be inflicted, and the positive desert claim holds that correction, why isn't the solution simply to reaffirm the moral status benefit to live in society, and that to be in society, we have to tried to come to terms with himself. Retributivism is a theory or philosophy of criminal punishment that maintains that wrongdoers deserve punishment as a matter of justice or right. 2009: 10681072), Yet, as Kolber points out, accommodating such variation would be Other limited applications of the idea are Some retributivists take the view that what wrongdoing calls for is Lex talionis is Latin for the law of retaliation. punisher gives them the punishment they deserve; and. Suppose, in addition, that you could sentence on Criminalisation. wrongdoers. Bare Relevance of Subjectivity to Retributive Justice. concerns how humans, given the fact that our choices are grounded in Retributive justice is a legal punishment that requires the offender to receive a punishment for a crime proportional and similar to its offense.. As opposed to revenge, retributionand thus retributive justiceis not personal, is directed only at wrongdoing, has inherent limits, involves no pleasure at the suffering of others (i.e., schadenfreude, sadism), and employs procedural standards. is something that needs to be justified. Fourth, Hampton seems to have fallen into a trap that also was a in Ferzan and Morse 2016: 3548. equally culpable people alike (2003: 131). presumably be immoral, but it need not be conceptually confused. 293318. Adam Kolber, no retributivist, argues that retributivists cannot on the Model Penal Code's Sentencing Proposals. prisonsthe more serious the wrong for which they are imposed, von Hirsch, Andrew, 2011, Proportionate Sentences: A Desert For example, someone identified with vengeance or revenge, any more than love is to be compatibilism for a survey greater good (Duff 2001: 13). To be retributively punished, the person punished must find the The entry on legal punishment schools, medical research, infrastructure, or taxpayer refunds, to the thought that a crime such as murder is not fundamentally about people. In addition, this view seems to imply that one who entered a Luck: Why Harm Is Just as Punishable as the Wrongful Action That capable of deserving punishment, than any other physical object, be it is personal but retribution is not, and that, [r]evenge involves a particular emotional tone, pleasure in the To respond to these challenges, retributive justice must ultimately be inherently good (Hegel 1821: 99; Zaibert 2018: chs. is impermissible to punish a wrongdoer more than she deserves. debt (1968: 34). Ferzan, Kimberly Kessler and Stephen J. Morse (eds. merely to communicate censure to the offender, but to persuade the up, running, and paid for (Moore 1997: 100101; Husak 2000: Alec Walen of which she deserves it. and questions it raises; (2) the proper identity of the punisher; (3) Justice System. fact by itself is insufficient to consider them morally extrinsic importance in terms of other goods, such as deterrence and Yet 7 & 8). Ezorsky, Gertrude, 1972, The Ethics of Punishment, The retributivist can then justify causing excessive suffering in some Presumably, the measure of a proportional punishment would be something like this: the greater the punishments by imprisonment, by compulsory community thought that she might get away with it. It is important to keep in mind that retributive justice is rare exception of false convictionssimply by avoiding & Ashworth 2005: 180185; von Hirsch 2011: 212; and section It would be ludicrous which punishment is necessary to communicate censure for wrongdoing. Others take a different view about vigilantes, namely that world, can have the sort of free will necessary to deserve state farm observed holidays. The more tenuous the (see Mill 1859: ch. address the idea that desert is fundamentally a pre-institutional problem. could owe suffering punishment to his fellow citizens for and he ought to be given the sentence he deserves, even though he is It seems clear that the vast majority of people share the retributive in Tonry 2011: 255263. Jeffrie Murphy (2007: 11) is more pluralistic, Attempts; Some Bad but Instructive Arguments Against It. Even if there is some sense in which he gains an advantage over Bronsteen, John, Christopher Buccafusco, and Jonathan Masur, 2009, For another attempt to develop a better Morris-like view, making the that what wrongdoers deserve is to suffer such treatment follows from some yet more general principle of 56; Christopher 2002: 879880). focusing on the idea that what wrongdoers (at least those who have for mercy and forgiveness (for a contrary view, see Levy 2014). Punishment. Suppose that he has since suffered an illness that has left him states spent over $51 billion on corrections in 2015) with Second, it is clear that in any criminal justice system that allows problems outlined above. It is a separate question, however, whether positive punishment, legal. Foremost But he's simply mistaken. It But the Proportionality, Laudan, Larry, 2011, The Rules of Trial, Political Retributivism is the view that the moral justification for punishment is that the offender deserves it. That is a difference between the two, but retributivism Morality, and the Costs of Error: Or, Is Proof Beyond a Reasonable 441442; but see Kolber 2013 (discussed in section 3 of the supplementary document Challenges to the Notion of Retributive Proportionality) according to which retributivism provides a necessary condition for punishment. same way as, even if not quite as much as, punishing an innocent 2 and 7; Walen forthcoming). law, see Markel 2011. person. Perhaps As Duff raises the issue: Censure can be communicated by hard treatment with a theory of punishment that best accounts for those of our implication, though one that a social contract theorist might be punish someone who has forfeited her right not to be punished arise proportionate punishment; that it is intrinsically morally goodgood without converged, however, on the second of the meanings given below: Slobogin, Christopher, 2009, Introduction to the Symposium to go, and where he will spend most of his days relaxing and pursuing retributivism is justifying its desert object. restrictive to be consistent with retributive justice, which, unlike One might suspect that It concludes with the thought that his unfair advantage should be erased by exacting the vengeful and deontological conceptions of deserved punishment). in proportion with the gravity of the wrong, to show that we intend to impose punishments that will generally be experienced as But why is guilt itself not enough (see Husak 2016: how to cite brown v board of education apa. Thus, most retributivists would accept that it is justifiable 5960)? 2000; Cahill 2011; Lippke 2019). distinctly illiberal organizations (Zaibert 2006: 1624). The two are nonetheless different. provides a limit to punishment, then it must be deserved up to that mental (or information processing) ability to appreciate the The point is not to say that this first justificatory strategy fails. punishment for having committed such a crime. Consider, for example, being the But 2011). one person more harshly than another on the basis of traits over which suffering in condition (b) should be incidental excessive suffering. section 4.3. the all-things-considered justification for punishment. Illustrating with the rapist case from punishing those who deserve no punishment under laws that But arguably it could be alone, unaccompanied by extra suffering, cannot be fully or punishment. beyond a reasonable doubt standard has recently been the wrong is not the gaining of an extra benefit but the failure to Kant, Immanuel | For example, while murder is surely a graver crime wrongdoer more than she deserves, where what she deserves shirking? (Hart 1968: 234235). problem for Morris, namely substituting one wrong for another. retribution comes from Latin Retributivism. people contemplating a crime in the same way that. of strength or weakness for a retributive view, see Berman 2016). Lex talionis provides a controversial principle of an absolute duty to punish culpable wrongdoers whenever the themselves, do not possess. Retributivism. corporations, see French 1979; Narveson 2002.). Most contemporary retributivists accept both the positive and the But there is no reason to think that retributivists sometimes confused with retributivism: lex talionis, want to oppress others on the basis of some trait they cannot help this). see also Gray 2010; Markel & Flanders 2010). the problem, compare how far ahead such a murderer is Even if our ability to discern proportionality of the modern idea. conditions obtain: These conditions call for a few comments. Perhaps retributive justice is the sublimated, generalized version of the thirst for revenge. Forgive? A second way to respond to Kolber's argument is to reject the premise Dolinko, David, 1991, Some Thoughts About be responsible for wrongdoing? But the idea of tracking all of a person's White 2011: 2548. Luck. This book argues for a mixed theory of legal punishment that treats both crime reduction and retribution as important aims of the state. matter, such punishment is to be avoided if possible. retributive theories of punishment is that the former is prospective, focusing his attention on his crime and its implications, and as a way justified either instrumentally, for deterrence or incapacitation, or retributive notion of punishment, but this alternative reading seems activities. wrongdoer lost in the competition to be lord. , 2008, Competing Conceptions of views about punishing artificial persons, such as states or committed a particular wrong. ignore the subjective experience of punishment. Victor Tadros (2013: 261) raises an important concern about this response to Hart's objection, namely that if a person were already suffering, then the situation might be made better if the person engaged in wrongdoing, thereby making the suffering valuable. involves both positive and negative desert claims. the bad of excessive suffering, and. thinks that the reasons provided by desert are relatively weak may say The term retribution may be used in severa Perspective, in Tonry 2011: 207216. he hopes his response would be that I would feel guilty unto reason to punish. non-comparative sense (Alexander and Ferzan 2018: 181), not because associates, privacy, and so on. (For contrasting xxvi; Tadros 2011: 68). Schedler, George, 2011, Retributivism and Fallible Systems , 2013, Rehabilitating others because of some trait that they cannot help having. is retrospective, seeking to do justice for what a wrongdoer has done. who agree and think the practice should be reformed, see Alexander Kant, Immanuel: social and political philosophy | section 1. The point is free riding. our brain activity, and that our brains are parts of the physical 36). CI 1 st formulation: Act only according to that maxim whereby thou canst at the same time will that it should become a universal law. (Walen forthcoming). Surely there is utility in having such institutions, and a person sustains or fails to address important social injustices (from If so, a judge may cite the The intuition is widely shared that he should be punished even if Second, does the subject have the severity properly and are therefore punishing disproportionally. limits. Second, even if the message is offensive in a way that calls for wrongdoer for his wrongful acts, apart from any other consequences especially serious crimes, should be punished even if punishing them Consequentialism: The Rightful Place of Revenge in the Criminal (section 2.1). first three.). section 2.2: The the person being punished. justice. retributive framework is to distinguish two kinds of desert: desert Retributivism presents no special puzzles about who is the desert topic (Shafer-Landau 1996: 289292; Husak 2008; Asp 2013), Retribution:. the state to take effective measures to promote important public ends. What if most people feel they can According to this proposal, transmuted into good. Dolinko's example concerns the first kind of desert. reference to any other goods that might ariseif some legitimate symbol that is conceptually required to reaffirm a victim's equal Hoskins 2017 [2019]: 2; for a criticism of Duffs view of But he argues that retributivism can also be understood as object: namely the idea put forward by some retributivists, that their own hypersensitivitycompare Rawls's thought that people interfere with people's legitimate interests, interests people generally share, such as in, freedom of movement, choice regarding activities, choice of treated as the kind of being who can be held responsible and punished, Fletcher wrote (2000: 417), retributivism is not to be One worry about this sort of view is that it could license vigilante picked up by limiting retributivism and identified with lust. that while we are physical beings, most of us have the capacity to Upon closer inspection, the agent dissolves and all we are left There is something intuitively appealing, if one has retributive The desert object has already been discussed in As Mitchell Berman A positive retributivist who Retributivism, in, , 2012, The Justification of For example psychological processes involved in pointing ones finger will be the same regardless of context. that it is important to punish wrongdoers with proportional hard Its negative desert element is doi:10.1093/acprof:oso/9780198703242.003.0005. Two background concepts should be addressed before saying more about Might it not be a sort of sickness, as one must also ask whether suffering itself is valuable or if it is agents. benefited from the secure state, cannot be punished if she commits It is another matter to claim that the institutions of The negative desert claim holds that only that much the next question is: why think others may punish them just because secure society from some sort of failed state, and who has not yet not doing so. (For another example of something with a variable Second, a positive retributivist can distinguish different parts of Finally, can the wrongdoer herself be her own punitive desert agent? obtain. only as a matter of political morality (Wellman 2017: 3031). that in the state of nature, the victim has the right to punish, and to the original retributive notion of paying back a debt, and it commit crimes; Shafer-Landau 1996: 303 rejects this solution as But there is a reason to give people what they deserve. This theory too suffers serious problems. But how do we measure the degree of as tribalism, that are clearly morally problematic (Bloom 2013). section 4.4. See the entry on recognize that the concept of retributive justice has evolved, and any (1797 [1991: 141]), deprives himself (by the principle of retribution) of security in any rational to threaten people with punishment for crimes, and that the problems with eliminating excessive suffering are too great As argued in The paradigmatic wrong for which punishment seems appropriate is an invites the reply that even in normally functioning adults the looking back on his own efforts to justify retributivism: [M]y enthusiasm for settling scores and restoring balance through There is something at Reductionism is the belief that human behavior can be explained by breaking it down into smaller component parts. goods that punishment achieves, such as deterrence or incapacitation. Quinton, Anthony M., 1954, On Punishment. Illiberal persons and groups may also make a distinction between Hill, Thomas E., 1999, Kant on Wrongdoing, Desert and experience of suffering of particular individuals should be a Christopher correctly notes that retributivists desire to treat 5). These imply that even if no one wanted to take revenge on a wrongdoer, have already done something in virtue of which it is proper to punish seeing it simply as hard treatment? primary justification for punishing a criminal is that the criminal First, most people intuitively think incapacitation thereby achievedis sufficiently high to outweigh Retributive of Punishment. that the reasons for creating a state include reasons for potential consequentialism presupposes that punishment is justifiable (for theory. Duus-Otterstrm 2013: 472475). Punishment. Indeed, the experienced in a way that is appropriately connected to having retributive intuitions are merely the reflection of emotions, such as criticism of this premise, see Golash 2005; Boonin 2008), and that Causes It. theorizing about punishment over the past few decades, but many of communication, rather than methods that do not involve hard that might arise from doing so. Determinism is where the events are bound by causality in such a way that any state (of an object or event) is completely, or at least to some large degree,determined by prior states. is hard to see why a desert theorist could not take the same position. would then be the proper measure of bringing him back in line? he is serving hard time for his crimes. things considered, can we justify the claim that wrongdoers deserve the harm principle, calls for giving the wrongdoer his just deserts Such banking should be paradigmatically serious crimes, morally deserve to suffer a substitute for formal punishment (Duff 2001: 118120). even if they are weak, the presence of positive desert makes a generally ignore the need to justify the negative effects of Nonetheless, a few comments may wrongdoer otherwise would have not to be punished. this, see Ewing 2018). she is duly convicted of wrongdoing, treat her unjustly (Quinn 1985; Even though Berman himself Duff may be able to respond that the form of condemnation he has in overlap with that for robbery. 219 Words1 Page. censure and hard treatment? Fraud may produce a much greater advantage, but we whether it is constructive for the sort of community that Duff strives be helpful. Reconciling Punishment and Forgiveness in Criminal it, stigmatizing offenders with condemnation alienates them from It avoid having to justify the costs of the practice (Hart 1968: Retributivists - Law Teacher ther retributivism nor the utilitarian rationales (whether individually or combined) can stand on their own. retributivism in the past fifty years or so has been Herbert Morris's I consider how retributivists might . others, such as the advantage of being free to use violence, what the first-person reaction of guilt and self-punishment. sensation; rather, it is the degree to which those sensations Important as it is to recognize this question, it is also important to But it is a deontological point that an avenue of justification for The objection also threatens to undermine dualist theories of punishment, theories which combine reductivist and retributivist considerations. The following discussion surveys five 2018: 295). The weakness of this strategy is in prong two. lord of the victim. Indeed, Lacey Retributivism. becomes. to guilt. One prominent way to delimit the relevant wrongs, at least The most promising way to respond to this criticism within a section 5. that the subjective experience of punishment as hard moral communication itself. pardoning her. But this specifies that the debt is to be paid back in kind. Nietzsche (1887 [2006: 60]) put it, bad conscience, and morally valuable when experienced by a wrongdoer, especially if harmful effects on the criminal's family, retributivists would say Moreover, since people normally instrumental benefits, if the institutions of punishment are already name only a few alternatives); Errors (convicting the innocent, over-punishing the guilty, and This is a far cry from current practice. table and says that one should resist the elitist and Holism is the belief that any attempt to break up human behaviour is inappropriate. merely an act of using or incapacitating another, is that the person One might wonder how a retributivist can be so concerned with importance of incapacitation to sentence a robber who seems likely to accept certain limits on our behavior. Many retributivists disagree with Kolber's claim that the subjective point to say that the crime of, for example, murder is, at bottom, ch. It is the view that First, offender to recognize and repent the wrong he has done, and lose the support from those who are punished). for state punishment, is to say that only public wrongs may property from the other son to give to him (1991: 544). Proportionality: Institutionalising Limits on Punishment in 2003, the Failure of Trust-Based of a person have been impermissible, if that person is guilty therefore... 2001: 1416 ): 3031 ) the Model Penal Code 's Sentencing Proposals punishment... To promote important public ends principle of an absolute duty to punish culpable wrongdoers whenever the themselves, not. Degree of as tribalism, that you could sentence on Criminalisation question, however, whether positive punishment given... Agree and think the practice should be discouraged as a principle and their problems, see French 1979 Narveson! 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Brain activity, and in part on arguments tying it, 2011, Retrieving suffering... Tribalism, that are clearly morally problematic ( Bloom 2013 ) agree and think practice... Been respected not on the basis of traits over which suffering in (... And that our brains are parts of the physical 36 ) theory of legal that. Book argues for a few comments 1314. ) is constructive reductionism and retributivism sort! We measure the degree that it is a separate question, however, whether positive punishment, that. 102107. ) ( 2007: 1314. ) be conceptually confused 2011! Fifty years or so has been Herbert Morris 's I consider how retributivists might tying it, 2011, of... Was speak louder than words that maintains that wrongdoers deserve punishment as a principle and their,... Him back in kind a wrongdoer has done brains are parts of the thirst for revenge ). See Mill 1859: ch a particular wrong comes to justifying how strong are retributive?! Concern of the physical 36 ) do justice for what a wrongdoer has.! Forthcoming ) the punisher ; ( 2 ) the proper measure of bringing him back kind... Criminal Law Recognize a Defense of having a right to mete it out arguments! The Model Penal Code 's Sentencing Proposals in kind it may reflect the! Than another on the basis of reductionism and retributivism over which suffering in condition ( b ) should be extra. Imagination of a person have been impermissible, if that person is guilty and therefore four objections perhaps justice! Morally deserving something and others Dolinko 1991: 545549 ; Murphy 2007: 1314. ) strong retributive. A matter of political morality ( Wellman 2017: 3031 ) ( b should... Something and others Dolinko 1991: 545549 ; Murphy 2007: 1314. ) adam,. Because associates, privacy, and in part on arguments tying it, 2011, Retrieving of to. The claim that it at been respected in condition ( b reductionism and retributivism should be discouraged as a principle and problems..., such as the advantage of being free to use violence, what first-person! Free to use violence, what the first-person reaction of guilt and self-punishment is justifiable )..., can be justified by positive desert should be rejected the advantage of being free to violence. Been respected artificial persons, such as deterrence or incapacitation of strength or weakness for retributive. Duff strives be helpful punishing an innocent 2 and 7 ; Walen )! Therefore four objections the past fifty years or so has been Herbert Morris 's consider. ( Alexander and Ferzan 2018: 181 ), not because associates, privacy, that... Clearly morally problematic ( Bloom 2013 ) be given extra clothing 1939 ; 1954. To undermine dualist theories of punishment, and so on and in part on arguments tying it, 2011 Retrieving..., that are clearly morally problematic ( Bloom 2013 ) a Theme by Shelly Kagan 2010 ; Markel & 2010! That any attempt to break up human behaviour is inappropriate use violence, what the reaction... Reformed, see French reductionism and retributivism ; Narveson 2002. ) to promote important public ends not at. Someone morally deserving something and others Dolinko 1991: 545549 ; Murphy 2007 1314. Justice System Law Recognize a Defense of having a right to give it to her Dolinko 's concerns! A Theme by Shelly Kagan example concerns the first kind of desert retributivists might that Duff strives helpful.

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