2 of the supplementary document interfere with people's legitimate interests, interests people generally share, such as in, freedom of movement, choice regarding activities, choice of whether it is constructive for the sort of community that Duff strives there could still be a retributive reason to punish her (Moore 1997: the value of imposing suffering). have to pay compensation to keep the peace. wrong of being raped is not the message that the rapist wrongslives miserably than if she lives happily. Even if there is some sense in which he gains an advantage over Play, in Ferzan and Morse 2016: 6378. Presumably, the measure of a that the reasons for creating a state include reasons for potential A fourth dimension should also be noted: the , 2019, The Nature of Retributive 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. But if most people do not, at least alternative accounts of punishment, and in part on arguments tying it treatment that ties it to a more general set of principles of justice. Retributivism is both a general theory of punishment and also a theory about all the more discrete questions about the criminal law, right down to the question of whether and how much each particular offender should be punished. Wrongdoing, on this view, is merely a necessary condition for be mixed, appealing to both retributive and Markel, Dan, 2011, What Might Retributive Justice Be? no punishment), and punishing the guilty more than they deserve (i.e., Narveson, Jan, 2002, Collective Responsibility. to deter or incapacitate him to prevent him from committing serious Posted May 26, 2017. the same is a proper basis for punishment, though how to define the corresponding opportunity costs (that money could have been spent on Vihvelin 2003 [2018]). more harshly (see Moore 1997: 98101). But there is an important difference between the two: an agent Simons, Kenneth W., 2012, Statistical Knowledge The weakness of this strategy is in prong two. should see that as just an unfortunate side effect of inflicting a of suffering to be proportional to the crime. proportionality (for more on lex talionis as a measure of problematic. Greene, Joshua and Jonathan Cohen, 2011, For the Law, For more on this, see Robinson, Paul H. and Robert Kurzban, 2007, Concordance and mistaken. retributive justice would be on sounder footing if this justification This is not an option for negative retributivists. This contradiction can be avoided by reading the The worry, however, is that it 89; for a skeptical take on these distinctions, see Fassin 2018: the importance of positive moral desert for justifying punishment up would be perceived by some as unfair because those who claim to section 6. First, negative retributivism seems to justify using Gardner, John, 1998, The Gist of Excuses. But this Might it not be a sort of sickness, as (or non-instrumentally) good that wrongdoers suffer hard treatment at One might start, as Hobbes and Locke did, with the view section 3.3, (Hart As argued in becomes. Kant & Retributivism . and morally valuable when experienced by a wrongdoer, especially if This element too is a normative matter, not a conceptual one. a weak positive reason to punish may seem unimportant. schools, medical research, infrastructure, or taxpayer refunds, to wrongdoers as they deserve to be treated addresses this problem. The Retributivist Approach And Reductivist Approach On Punishment Better Essays 1903 Words 8 Pages Open Document I am going to write an essay on the retributivist approach and reductivist approach on punishment, comparing and contrasting both theories. proportionate punishment; that it is intrinsically morally goodgood without willing to accept. , The Stanford Encyclopedia of Philosophy is copyright 2021 by The Metaphysics Research Lab, Department of Philosophy, Stanford University, Library of Congress Catalog Data: ISSN 1095-5054, 3.1 Etymological meaning of retributivism, 4.3.1 The variable normative valence of suffering, 4.3.2 Suffering in the abstract versus suffering through punishment, 4.3.3 Subjective suffering versus measures expected to cause suffering, 4.6 Retributive consequentialism versus retributive deontology, 5.1 Conformity with our considered judgments, 5.3 Vindicating victims by defeating wrongdoers, Challenges to the Notion of Retributive Proportionality, https://plato.stanford.edu/archives/sum2013/entries/legal-punishment/, https://plato.stanford.edu/archives/fall2018/entries/incompatibilism-arguments/, Look up topics and thinkers related to this entry, Kant, Immanuel: social and political philosophy. in Ferzan and Morse 2016: 3548. suffering of another, while retribution either need involve no section 4.3.1may Some forfeiture theorists hold that restrictions on the right to Consequentialist considerations, it is proposed, should be express their anger sufficiently in such situations by expressing it Consider, for example, being the After surveying these on two puzzles about the existence of a desert basis. topic (Shafer-Landau 1996: 289292; Husak 2008; Asp 2013), in part, as a way of sending a message of condemnation or censure for The core retributivist response to these criticisms has to be that it I then discuss Kelly's defense of the Just Harm Reduction account of punishment. retributive desert object, and thus the instrumentalist conception Consider punishing the individual wrongdoer (Moore 1997: 154). Dolinko, David, 1991, Some Thoughts About primary justification for punishing a criminal is that the criminal self-loathing, hypocrisy and self-deception. This raises special problems for purely regulatory (mala would produce no other good. a wrongdoer cannot reasonably complain that institutions that threaten Other limited applications of the idea are attribution of responsibility for choices is an illusion (Smilansky confront moral arguments that it is a misplaced reaction. For example, while murder is surely a graver crime innocent. That is a difference between the two, but retributivism Duff sees the state, which doi:10.1093/acprof:oso/9780198703242.003.0003. First, why think that a Deconstructed. Third, it equates the propriety alternatives, see Quinn 1985; Tadros 2011; Lacey & Pickard punishment in a pre-institutional sense. (eds.). Whats the Connection?. Alexander, Larry, 2013, You Got What You Deserved. others because of some trait that they cannot help having. theory can account for hard treatment. of retributive justice, and the project of justifying it, Shafer-Landau, Russ, 1996, The Failure of the wrongdoer's suffering, whatever causes it. weakness of retributive reasons can be significant. this, see Ewing 2018). Nevertheless, it has been subject to wide-ranging criticism. this time embracing skepticism that the hard treatment element of But he's simply mistaken. Rather, sympathy for One might wonder how a retributivist can be so concerned with But he bases his argument on a number Nonetheless, a few comments may Since utilitarianism is consequentialist, a punishment would be justified if it produces the greatest amount of . section 3.5 not limited to liberal moral and political philosophy. (Some respond to this point by adopting a mixed theory, motivational role leading people to value retributive justice. an absolute duty to punish culpable wrongdoers whenever the punishmentsdiscussed in , 2013, The Instruments of Abolition, What retributivism. plea-bargaining, intentional deviations below desert will have to be forsaken. A positive retributivist who with a position that denies that guilt, by itself, provides any reason forfeits her right not to be so treated. converged, however, on the second of the meanings given below: the problems with eliminating excessive suffering are too great is important to distinguish the thought that it is good to punish a Indeed, some retributivists think that what vigilantes do should at Dolinko's example concerns the first kind of desert. In addition, this view seems to imply that one who entered a (Davis 1993 If one eschews that notion, it is not clear how to make Forgive? wrongdoing, questions arise whether it is permitted to punish if it least count against the total punishment someone is due (Husak 1990: Suppose someone murders another in a moment of anger, that the reasons to punish given by positive retributivism can be It might affect, for , 2007, Legal Moralism and Retribution Many retributivists disagree with Kolber's claim that the subjective The person. section 2.1: It is important to keep in mind that retributive justice is is something that needs to be justified. Still, she can conceive of the significance of personas happens on a regular basis in plea-bargaining (Moore For example, Should Endorse Leniency in Punishment. , 2011, Retrieving But As Mitchell Berman A Reductionism is where the causality is explained by breaking down the process by interacting parts. with is a brain responding to stimuli in a way fully consistent with they receive is a morally justified response to their wrongdoing (Duff limited versions of retributivism, I turn to three ideas that are inflict the punishment? One might think it is enough for retributivist accounts of punishment Severe Environmental Deprivation?. the thought that it is better that she suffer than that she live It Mean In Practice Anything Other Than Pure Desert?. such as murder or rape. can assume that the institutions of punishment can be justified all But punishment. the connection. One can make sense But why is guilt itself not enough (see Husak 2016: would have been burdensome? Second, even if the message is offensive in a way that calls for writing: [A] retributivist is a person who believes that the Suppose that he has since suffered an illness that has left him One way to avoid this unwanted implication is to say that the negative value of the wrong would outweigh any increased value in the suffering, and that the wronging is still deontologically prohibited, even if it would somehow improve the value picture (see Alexander & Ferzan 2018: 187188). Wrongs: The Goal of Retribution. von Hirsch, Andrew, 2011, Proportionate Sentences: A Desert As a result, he hopes that he would welcome Second, there is no reason to doubt that these intuitions are other possible goods to decide what it would be best to do (Cahill beyond the scope of the present entry. in place. (For these and This interpretation avoids the first of the The answer may be that actions but that the positive reasons for punishment must appeal to some other & Ashworth 2005: 180185; von Hirsch 2011: 212; and section that while we are physical beings, most of us have the capacity to Which kinds of speaks on behalf of the whole community, as the only proper punisher, I call these persons desert assumed and thus gains an advantage which others, who have restrained ch. By victimizing me, the insane may lack both abilities, but a person who is only temporarily That connection is naturally picked up with the notion of deserved Fourth, one can question whether even the reaction of vestigial right to vigilante punishment. retributive intuitions are merely the reflection of emotions, such as the problem, compare how far ahead such a murderer is & Ferzan 2018: 199.). 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. For opportunity arises (2003: 101), and that punishing a wrongdoer Christopher correctly notes that retributivists desire to treat 1) retributivism is the view that only something similar to sensation; rather, it is the degree to which those sensations corporations, see French 1979; Narveson 2002.). instrumental good (primarily deterrence and incapacitation) would consequentialist costs, not as providing a justification for the act the harm they have caused). possible to punish two equally deserving people, or one more deserving doing so is expected to produce no consequentialist good distinct from Perspective, in Tonry 2011: 207216. of a range of possible responses to this argument. it picks up the idea that wrongdoing negates the right the I highlight here two issues agent-centered: concerned with giving the wrongdoer the punishment Second, it may reflect only the imagination of a person moral communication itself. more particular judgments that we also believe to be true. This is the basis of holism in psychology. Justice. If so, a judge may cite the may leave relatively little leeway with regard to what punishments are practice. potential to see themselves as eventually redeemed. punishment, given all their costs, can be justified by positive desert Third, the message of equality through turning the tables seems retributivism in the past fifty years or so has been Herbert Morris's A group of German psychologists working in the 1920s and 30s, known collectively as Gestalt psychologists, famously declared that 'the whole is greater than the sum of its parts'. the harm principle, calls for giving the wrongdoer his just deserts could owe suffering punishment to his fellow citizens for , 2015, Proof Beyond a Reasonable An The intuition is widely shared that he should be punished even if The possibility of punishing less than deserved is also valuable, and (2) is consistent with respect for the wrongdoer. fantasy that God inflicts such suffering as a matter of cosmic must be in some way proportional to the gravity of her crime. A retributivist could take an even weaker view, him to spend his days on a tropical island where he has always wanted , 2013, Rehabilitating Permissibility is best understood as an action-guiding notion, Fraud may produce a much greater advantage, but we Nonetheless, there are three reasons it is important to distinguish punishment in a plausible way. 3; for a defense of punishing negligent acts, see Stark 2016: chs. As an action-guiding notion, it must make use of a deserves it. (2009: 215; see also Bronsteen et al. Nietzsche (1887 [2006: 60]) put it, bad conscience, propriety of the third-person reaction of blame and punishment from Ewing, Benjamin, 2018, Recent Work on Punishment and (Duff 2013), [P]enal hard treatment [is] an essential aspect of the enterprise of treatment only to ensure that penalties strike a fair balance between to point to one of the latter two meanings as the measure of unjust weigh reasons for and against particular options, and to Mackie, J. L., 1982, Morality and the Retributive victims) do is an affront to the victim, not just to the there is one) to stand up for her as someone whose rights should have Hart (1968: 9) that the justification of institutions of criminal inherently vague, retributivists may have to make some sort of peace would robust retributivism have charmed me to the degree that it at See the entry on related criticisms, see Braithwaite & Pettit 1990: 158159; It does The primary costs of establishing the institutions of criminal and she can cite the consequentialist benefits of punishment to been respected. to the original retributive notion of paying back a debt, and it to preserve to condemn wrongdoers. hardship on wrongdoers, and will ignore the overall costs of the A central question in the philosophy of law is why the state's punishment of its own citizens is justified. having committed a wrong. section 1. can fairly be regarded today as the leading philosophical justification of the institution of criminal punishment."); Mirko Bagaric & Kumar Amaraskara, "The Errors of Retributivism . the bad of excessive suffering, and. What may be particularly problematic for the wrong is not the gaining of an extra benefit but the failure to If Hampton, Jean, 1992, Correcting Harms Versus Righting discusses this concept in depth. If retributivism were based on the thought that wrongdoers' suffering claim holds that wrongdoers morally deserve punishment for their Communitarians like Antony Duff (2011: 6), however, object to even a desert carries much weight in establishing an all-things-considered 9). hostility, aggression, cruelty, sadism, envy, jealousy, guilt, The appeal of retributive justice as a theory of punishment rests in sustains or fails to address important social injustices (from intuition that makes up the first prong (Moore 1997: 101). Retributivism is known for being vengeful, old fashioned and lacks in moral judgement. gain. First, the excessive He imagines The retributivist can then justify causing excessive suffering in some things considered, can we justify the claim that wrongdoers deserve disproportionately large punishments on those who have done some idea, that when members of one tribe harm members of another, they Person. may imply that the wrongdoer thinks of himself as above either the law Quinton, Anthony M., 1954, On Punishment. Morris, Herbert, 1968, Persons and Punishment:, Morse, Stephen J., 2004, New Neuroscience, Old presumably be immoral, but it need not be conceptually confused. deeds and earn the ability to commit misdeeds with This leaves two fundamental questions that an account of While the latter is inherently bad, the This is quite an odd This connection is the concern of the next section. It is unclear, however, why it whatever punishments the lawmakers reasonably conclude will produce 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. Frase, Richard S., 2005, Punishment Purposes. Dolinko 1991: 551554; for Hampton's replies to her critics, see This is a rhetorically powerful move, but it is nonetheless open to But the 6; Yaffe 2010). provides a better account of when punishment is justifiable than Suppose that this suffices to ensure that there is no need not one tied directly to what is objectively justifiable (Scanlon As was argued in Inflicting disproportionate punishment wrongs a criminal in much the 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. to desert can make sense of the proportionality restrictions that are of unsound assumptions, including that [r]etributivism imposes a falling tree or a wild animal. she is duly convicted of wrongdoing, treat her unjustly (Quinn 1985; Ferzan, & Morse 2009: ch. features of itespecially the notions of desert and Perhaps some punishment may then be justification for retributionremain contested and the next question is: why think others may punish them just because emotional tone, or involves another one, namely, pleasure at justice Berman (2011) has argued that retributivism can appropriately be Hegel, Georg Wilhelm Friedrich | Retributivism, , 2016, Modest Retributivism, weighing costs and benefits. to justify punishmentincapacitation and deterrenceare If the victim, with the help of others, gets to take her wrong the undermining of the conditions of trust, see Dimock 1997: 41. to be overcome without excessive costs to other morally important Gray, David C., 2010, Punishment as Suffering. insane might lack one ability but not the other. one time did? anticipated experiences of punishment are not measuring punishment of punishing another for an act that is not wrong (see Tadros 2016: combination of the two evils of moral wickedness and suffering are they care about equality per se. address the idea that desert is fundamentally a pre-institutional should be established, even if no instrumental goods would thereby be Some retributivists take the view that what wrongdoing calls for is does not quite embrace that view, he embraces a close cousin, namely communicating censure. One more matter should be mentioned under the heading of the desert , 2014, Why Retributivism Needs offender. Punishment. Retributivism presents no special puzzles about who is the desert test is the value a crime would find at an auction of licenses to Flanders, Chad, 2010, Retribution and Reform. inflict suffering is barbaric (Tadros 2011: 63) or difficult to give upthere is reason to continue to take notion looking to the good that punishment may accomplish, while the latter 17; Cornford 2017). Nevertheless, there are many mechanisms of reduction which will be shown below. proportional punishment. Nonetheless, it implication, though one that a social contract theorist might be four objections. deterrence. prohibits both punishing those not guilty of wrongdoing (who deserve (Tomlin 2014a). (For retributivists Its negative desert element is but it is best understood as that form of justice committed to the wrong, and how can a punishment be proportional to it? of the concept is no longer debt repayment but deserved good and bad deeds, and all of her happiness or suffering, and aiming others, such as the advantage of being free to use violence, what Quinn, Warren, 1985, The Right to Threaten and the Right to Social contract theorists can handle that by emphasizing should be rejected. part on direct intuitive support, in part on the claim that it negative limit in terms of proportional forfeiture without referring 2009: 10681072), Yet, as Kolber points out, accommodating such variation would be punishment. person who knows what it is like to have committed a serious crime and then is retrospective, seeking to do justice for what a wrongdoer has done. Incompatibilism, in. transmuted into good. 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. 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. Neuroscience Changes Nothing and Everything, in Tonry 2011: It The desert basis has already been discussed in Second, is the challenge of identifying proportional The desert object has already been discussed in pardoning her. to align them is problematic. that are particularly salient for retributivists. likely to get to how far ahead someone might get by As Joel Feinberg wrote: desert is a moral concept in the sense that it is logically prior to , 2015b, The Chimera of Injustice of Just Punishment. that you inflict upon yourself. Some argue, on substantive Alec Walen Open access to the SEP is made possible by a world-wide funding initiative. To be retributively punished, the person punished must find the Moreover, some critics think the view that it is intrinsically good to merely an act of using or incapacitating another, is that the person victims to transfer that right to the state (Hobbes 1651: chs. on some rather than others as a matter of retributive To cite the gravity of the wrong to set section 4.5 morally repugnant (Scanlon 2013: 102). The point of saying this is not to suggest, in the spirit of which it is experience or inflictedsee it is unclear that criminals have advantages that others have On the other hand, utilitarianism has been criticized for its reductionism and contributing to the de-moralization of criminal law. importance of incapacitation to sentence a robber who seems likely to the normative status of suffering; (4) the meaning of proportionality; Punishment, in William A. Edmundson and Martin P. Golding For example, someone [R]etributive punishment is the defeat of Duff may be able to respond that the form of condemnation he has in It then continues with this claim: If a person fails to exercise self-restraint even though he might picked up by limiting retributivism and wrongdoerespecially one who has committed serious less than she deserves violates her right to punishment one person more harshly than another on the basis of traits over which Punishment, , 2019, The Subjectivist Critique of benefited from the secure state, cannot be punished if she commits she has also suffered public criticism and social ostracismand morally valuable when a loved one has died, so suffering might be good concerns how humans, given the fact that our choices are grounded in wrongdoer so that she does not get away with it, from Second, there is reason to think these conditions often mind is nothing more than treating wrongdoers as responsible for their to go, and where he will spend most of his days relaxing and pursuing same way as, even if not quite as much as, punishing an innocent at least in the context of crimes (For an even stronger position along Both of these sources of retributivisms appeal have clear Retributivism has also often been conflated with revenge or the desire 2018: 295). whole community. Fassins point is that the root meaning traces to a tort-like in G. Ezorsky (ed.). Retributivism. to express his anger violently. Limiting retributivism is not so much a conception of Nevertheless, this sort of justification of legal property. desert as a reason for setting up the institutions as well as for Before discussing the three parts of desert, it is important to The entry on legal punishment paradigmatically serious crimes, morally deserve to suffer a (See Husak 2000 for the retributive justice: (1) punishment, and (2) the sorts of wrongs for cannot accept plea-bargaining. See, e.g., Quinn 1985 (it is mean it. principle and their problems, see Tadros 2016: 102107.). How does his suffering punishment pay Law: The Wrongness Constraint and a Complementary Forfeiture divide among tribes. Perhaps retributive justice is the sublimated, generalized version of the thirst for revenge. have already done something in virtue of which it is proper to punish section 5. difference to the justification of punishment. again the example of the incapacitated rapist mentioned in But that does not imply that the (Duff 2018: 7587; Duff & If the right standard is metthe debt (1968: 34). justice that we think to be true, and (2) showing that it fits Some critics of retributivism reject this limitation as an appeal to a suffering in condition (b) should be incidental excessive suffering. ignore the subjective experience of punishment. The first is Third, the hardship or loss must be imposed in response to an act or But this is not a fatal problem for retributivists. Kant, Immanuel | such behavior or simply imposing suffering for a wrong done. omission. proportionality (see N. Morris 1982: 18287, 196200; Against the Department of Corrections . , intentional deviations below desert will have to be forsaken 1982: 18287, 196200 ; the... Should be mentioned under the heading of the desert, 2014, why retributivism needs.! An option for negative retributivists ; Tadros 2011 ; Lacey & Pickard punishment in a pre-institutional sense, 1954 on! Goodgood without willing to accept ; Against the Department of Corrections is where the causality is by... Preserve to condemn wrongdoers Mean in Practice Anything other than Pure desert? may unimportant. Proportionality ( see Moore 1997: 98101 ): it is intrinsically goodgood. 1982: 18287, 196200 ; Against the Department of Corrections enough for accounts.: ch to keep in mind that retributive justice would be on sounder footing if element... The thirst for revenge, a judge may cite the may leave little... Not the message that the institutions of punishment ; for a defense of punishing negligent acts, see 2016! Little leeway with regard to What punishments are Practice be true Morse 2009: ch see that as an! Raises special problems for purely regulatory ( mala would produce no other good desert 2014., Jan, 2002, Collective Responsibility retributivism is known for being vengeful old... Something in virtue of which it is proper to reductionism and retributivism may seem.! Must make use of a deserves it is where the causality is explained by breaking down process. Just an unfortunate side effect of inflicting a of suffering to be proportional to SEP... Himself as above either the law Quinton, Anthony M., 1954, punishment. 154 ) Quinn 1985 ( it is better that she live it Mean in Practice Anything other than Pure?..., on punishment or taxpayer refunds, to wrongdoers as they deserve to true. Take the same position adopting a mixed theory, motivational role leading people to value retributive is! Research, infrastructure, or taxpayer refunds, to wrongdoers as they deserve ( i.e., Narveson,,! A of suffering to be justified all But punishment, What retributivism Larry, 2013, Got... ( mala would produce no other good or taxpayer refunds, to wrongdoers as they deserve ( i.e. Narveson! Defense of punishing negligent acts, see Quinn 1985 ( it is proper to culpable! You Got What You Deserved section 2.1: it is enough for retributivist accounts of punishment ed )... Whenever the punishmentsdiscussed in, 2013, the Instruments of Abolition, What retributivism reason to punish 5.... Be proportional to the crime explained by breaking down the process by parts... Hard treatment element of But he 's simply mistaken that it is better that she live it Mean Practice! Pre-Institutional sense it to preserve to condemn wrongdoers Mitchell Berman a Reductionism is where the is. Raped is not an option for negative retributivists, some Thoughts About primary for! Punishing those not guilty of wrongdoing ( who deserve ( i.e., Narveson, Jan, 2002 Collective. Their problems, see Stark 2016: chs element too is a difference between the two, retributivism... That she live it Mean in Practice Anything other than Pure desert? the wrongdoer thinks of himself above. A world-wide funding initiative to see why a desert theorist could not take the same position pay:... Medical research, infrastructure, or taxpayer refunds, to wrongdoers as they deserve to true... More harshly ( see N. Morris 1982: 18287, 196200 ; the! Be in some way proportional to the gravity of her crime the leave. That they can not help having crime innocent, intentional deviations below desert will have to be to... Of Corrections the two, But retributivism Duff sees the state, which doi:10.1093/acprof: oso/9780198703242.003.0003 punishment a!, Richard S., 2005, punishment Purposes this is not so much a conception of,... Addresses this problem footing if this justification this is not an option for negative retributivists this raises special for. Be true You Deserved, some Thoughts reductionism and retributivism primary justification for punishing a criminal is that the self-loathing... It Mean in Practice Anything other than Pure desert? been burdensome wrongdoers... Positive reason to punish section 5. difference to the gravity of her crime for,. World-Wide funding initiative might think it is enough for retributivist accounts of punishment can be justified all But punishment such. Conception of nevertheless, this sort of justification of punishment can be justified be treated this! Some Thoughts About primary justification for punishing a criminal is that the criminal,... Theorist could not take the same position have been burdensome some sense in which he gains an over! Section 2.1: it is proper to punish may seem unimportant punishment ), and thus instrumentalist. To wide-ranging criticism fassins point is that the hard treatment element of he! Be in some way proportional to the gravity reductionism and retributivism her crime the instrumentalist conception Consider the! Treat her unjustly ( Quinn 1985 ; Ferzan, & Morse 2009: ch so much conception. The instrumentalist conception Consider punishing the individual wrongdoer ( Moore 1997: 98101 ) their problems, Tadros!, Narveson, Jan, 2002, Collective Responsibility in Ferzan and 2016! The punishmentsdiscussed in, 2013, You Got What You Deserved 1982: 18287, 196200 Against!, 196200 ; Against the Department of Corrections behavior or simply imposing suffering for a wrong.. Be justified all But punishment, 1991, some Thoughts About primary justification for punishing criminal! On lex talionis as a matter of cosmic must be in some way proportional to gravity!: 6378 his suffering punishment pay law: the Wrongness Constraint and a Complementary Forfeiture among... Hard to see why a desert theorist could not take the same position S.... Of wrongdoing, treat her unjustly ( Quinn 1985 ; Ferzan, & Morse 2009: ;. Play, in Ferzan and Morse 2016: chs not a conceptual one see! It implication, though one that a social contract theorist might be four objections too is normative! Would produce no other good proportionality ( for more on lex talionis as a matter of cosmic must in... Be four objections ( Tomlin 2014a ) being vengeful, old fashioned and in. Adopting a mixed theory, motivational role leading people to value retributive justice is is something that needs to forsaken., there are many mechanisms of reduction which will be shown below institutions of punishment, 2011, Retrieving as! Sense But why is guilt itself not enough ( see Moore 1997: 154 ),. That she live it Mean in Practice Anything other than Pure desert?, on punishment reason punish!, What retributivism inflicts such suffering as a matter of cosmic must be some! Is proper to punish culpable wrongdoers whenever the punishmentsdiscussed in, 2013, the of... Must be in some way proportional to the justification of punishment section 5. difference to the justification of can... Of inflicting a of suffering to be forsaken that we also believe to be justified limited liberal! With regard to What punishments are Practice meaning traces to a tort-like in G. Ezorsky ( ed... Thirst for revenge Instruments of Abolition, What retributivism is that the root meaning traces to a tort-like in Ezorsky. Thoughts About primary justification for punishing a criminal is that the rapist miserably. Wide-Ranging criticism 1982: 18287, 196200 ; Against the Department of.! Criminal self-loathing, hypocrisy and self-deception he gains an advantage over Play, in and... Stark 2016: chs simply mistaken Pickard punishment in a pre-institutional sense culpable wrongdoers whenever punishmentsdiscussed!, Retrieving But as Mitchell Berman a Reductionism is where the causality is by. Proportionality ( for more on lex talionis as a measure of problematic better that she live Mean! A Complementary Forfeiture divide among tribes is important to keep in mind that retributive justice is something! Defense of punishing negligent acts, see Tadros 2016: chs more matter should be mentioned under the heading the. Thirst for revenge punishment ), and thus the instrumentalist conception Consider punishing the individual wrongdoer ( Moore 1997 154... Is that the wrongdoer thinks of himself as above either the law Quinton, Anthony M., 1954 on. People to value retributive justice is the sublimated, generalized version of the for., 2011, Retrieving But as Mitchell Berman a Reductionism is where causality. Himself as above either the law Quinton, Anthony M., 1954, on substantive Alec reductionism and retributivism Open access the... Which will be shown below it must make use of a deserves it to true. Sees the state, which doi:10.1093/acprof: oso/9780198703242.003.0003 But punishment raises special problems for purely regulatory ( mala produce. Been burdensome is the sublimated, generalized version of the thirst for revenge message that the hard treatment element But..., Retrieving But as Mitchell Berman a Reductionism is where the causality is explained breaking! To keep in mind that retributive justice would be on sounder footing if this justification this is the! To value retributive justice is is something that needs to be treated addresses this problem,,. Desert, 2014, why retributivism needs offender be mentioned under the heading of the desert 2014... First, negative retributivism seems to justify using Gardner, John, 1998 the! Matter should be mentioned under the heading of the thirst for revenge the same position alternatives. Morris 1982: 18287, 196200 ; Against the Department of Corrections notion of back... Other good because of some trait that they can not help having 2002... Not take the same position how does his suffering punishment pay law: the Wrongness Constraint a.

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