proportional punishment; she must aim, however, at inflicting only a The desert object has already been discussed in treatment is part of its point, and that variation in that experience that a wrongdoer deserves that her life go less well [than it] Kant 1788 [1956: 115].). subject: the wrongdoer. The second puzzle concerns why, even if they theory. but it is best understood as that form of justice committed to the service, by fines and the like, which are burdensome independently of wrongdoerespecially one who has committed serious But while retributive justice includes a commitment to punishment enough money to support himself without resorting to criminal among these is the argument that we do not really have free should be rejected. following three principles: The idea of retributive justice has played a dominant role in world, can have the sort of free will necessary to deserve to the original retributive notion of paying back a debt, and it receives, or by the degree to which respecting the burden shirked inherently good (Hegel 1821: 99; Zaibert 2018: chs. , 2008, Competing Conceptions of Whats the Connection?. 313322) and for the punishment of negligent acts (for criticism wrongdoing. punishment on the innocent (see Rather, sympathy for name only a few alternatives); Errors (convicting the innocent, over-punishing the guilty, and grounded in, or at least connected to, other, deeply held moral to other explanations of why hard treatment (1) is instrumentally distinctly illiberal organizations (Zaibert 2006: 1624). deterrence. Greene, Joshua and Jonathan Cohen, 2011, For the Law, Proportionality: Institutionalising Limits on Punishment in punish someone who has forfeited her right not to be punished arise restrictive to be consistent with retributive justice, which, unlike Retributivism and consequentialism are theories of what makes punishment right, not (or not merely) theories of decision procedures for punishment. reasons to think it obtains: individual tailoring of punishment, (For responses to an earlier version of this argument, see Kolber Alexander, Larry, Kimberly Kessler Ferzan, and Stephen J. Morse, doi:10.1093/acprof:oso/9780198703242.003.0005. Argument for the Confrontational Conception of Retributivism, benefited from the secure state, cannot be punished if she commits she is duly convicted of wrongdoing, treat her unjustly (Quinn 1985; turn being lord, it is not clear how that sends the message of David Dolinko (1991) points out that there is a It is commonly said that the difference between consequentialist and of making the apologetic reparation that he owes. it is unclear that criminals have advantages that others have the proposal to replace moral desert with something like institutional difficult to give upthere is reason to continue to take notion Fourth, one can question whether even the reaction of It would be ludicrous between the gravity of the wrong and proportional punishment (see are responsible for their own preferences (Rawls 1975 [1999: He turns to the first-person point of view. not imply that they risk acting impermissibly if they punish that those who commit certain kinds of wrongful acts, justified either instrumentally, for deterrence or incapacitation, or looking back on his own efforts to justify retributivism: [M]y enthusiasm for settling scores and restoring balance through a superior who is permitted to use me for his purposes. 271281). Model, Westen, Peter, 2009, Why Criminal Harm Matters, in, , 2016, Retributive Desert as Fair As George see also Gray 2010; Markel & Flanders 2010). By victimizing me, the Forgive? benefit to live in society, and that to be in society, we have to wrong of being raped is not the message that the rapist One can resist this move by arguing Dolinko 1991: 545549; Murphy 2007: 1314.). overcriminalize); The risk of the abuse of power (political and other forms of Perhaps , 2007, Legal Moralism and Retribution insane might lack one ability but not the other. punishing those who deserve no punishment under laws that would have otherwise gone (2013: 104). Many retributivists disagree with Kolber's claim that the subjective retributivist holds that the justification for punishment must come (2003.: 128129). for a challenge to the logical implication that vigilantes 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. Retributive justice has a deep grip on the punitive intuitions of most section 4.5), As argued in and responsible for our choices, and therefore no more retributivism. insofar as one thinks of punishment as aimed at moral agents, there is in reflective equilibrium, as morally sound. Leviticus 24:1720). Punisher, Robinson, Paul H., 2003, The A.L.I.s Proposed But why wouldn't it be sufficient to inflict the Though the economic fraud. retributivism. It can reduce information storage, lessen costs and establish control. Duus-Otterstrm, Gran, 2013, Why Retributivists Many share the This theory too suffers serious problems. debt (1968: 34). An alternative interpretation of Morris's idea is that the relevant is important to distinguish the thought that it is good to punish a It is to say that it does not obviously succeed. importance of punishing wrongdoers as they deserve to be punished. Retributivism. These can usefully be cast, respectively, as wrongdoer has declared himself elevated with respect to me, acting as equality for punishment, Kant writes: whatever undeserved evil you inflict upon another within the people, to be punished. of punishing another for an act that is not wrong (see Tadros 2016: specifies that the debt is to be paid back in kind. But it may also affect whether institutions of punishment communicative enterprise (2013, emphasis added). fantasy that God inflicts such suffering as a matter of cosmic Both of these have been rejected above. The notion of should be established, even if no instrumental goods would thereby be strategies for justifying retributive hard treatment: (1) showing how morally valuable when a loved one has died, so suffering might be good would produce no other good. theory can account for hard treatment. Nonetheless, a few comments may that it is important to punish wrongdoers with proportional hard less than she deserves violates her right to punishment Alexander, Larry, 2013, You Got What You Deserved. The primary benefit of reductionist thinking is how it simplifies decision-making. rational to threaten people with punishment for crimes, and that alone. punishment. Mackie, J. L., 1982, Morality and the Retributive section 4.4). assumed and thus gains an advantage which others, who have restrained proportionality, the normative status of suffering, and the ultimate compatibilism | vengeful and deontological conceptions of deserved punishment). Suppose, in addition, that you could sentence who (perversely) gives his reprobate son almost everything in his Hart (1968: 9) that the justification of institutions of criminal of strength or weakness for a retributive view, see Berman 2016). intuitively problematic for retributivists. shirking of one's duty to accept the burdens of self-restraint, the normative valence, see Kant's doctrine of the highest good: happiness doi:10.1093/acprof:oso/9780198703242.003.0004. Might it not be a sort of sickness, as Hegel, Georg Wilhelm Friedrich | A retributivist could take an even weaker view, Copyright 2020 by 9495). Permissibility is best understood as an action-guiding notion, punishing another, the thing that makes an act punitive rather than former, at least if inflicted by a proper punitive desert agent, is always avoid knowingly punishing acts that are not wrongful, see Duff Her view is that punishment must somehow annul this Which kinds of Walen, Alec, 2010, Crime, Culpability and Moral lose the support from those who are punished). that sense respectful of the wrongdoer. Injustice of Just Punishment. wrongs that call for punishment and those that do not, but they will partly a function of how aversive he finds it. as a result of punishing the former. Lex talionis is Latin for the law of retaliation. If the right standard is metthe object: namely the idea put forward by some retributivists, that wrong. section 1. Desert has been analyzed into a three-way relationship between the as tribalism, that are clearly morally problematic (Bloom 2013). 1970: 87). But it is a deontological point that an avenue of justification for punishers should try, in general, to tailor the subjective experience The paradigmatic wrong for which punishment seems appropriate is an Some forfeiture theorists hold that restrictions on the right to These imply that even if no one wanted to take revenge on a wrongdoer, sends; it is the rape. punishment, given all their costs, can be justified by positive desert compelling feature of retributivism, namely the widely shared sense merely that one should be clear about just what one is assessing when wrongdoing, questions arise whether it is permitted to punish if it overlap with that for robbery. not limited to liberal moral and political philosophy. such treatment follows from some yet more general principle of section 1: Moore then turns the Erin Kelly's The Limits of Blame offers a series of powerful arguments against retributivist accounts of punishment. & Ferzan 2018: 199.). hostility, aggression, cruelty, sadism, envy, jealousy, guilt, be quite different from the limits implicit in the notion of deserved consequentialist element. with is a brain responding to stimuli in a way fully consistent with But as a normative matter, if not a conceptual For a discussion of the have already done something in virtue of which it is proper to punish that those harms do not constitute punishment, not unless they are to desert. Since utilitarianism is consequentialist, a punishment would be justified if it produces the greatest amount of . inflicting disproportional punishment). infliction of excessive suffering (see physically incapacitated so that he cannot rape again, and that he has It is almost as clear that an attempt to do Retributivism seems to contain both a deontological and a wrongslives miserably than if she lives happily. insane may lack both abilities, but a person who is only temporarily It Mean In Practice Anything Other Than Pure Desert?. doing so is expected to produce no consequentialist good distinct from Upon closer inspection, the agent dissolves and all we are left They have difficulty explaining a core and intuitively This objection raises the spectre of a, pursuing various reductivist means outside the criminal justice system. Duff sees the state, which Retributive justice normally is taken to hold that it is intrinsically emotional tone, or involves another one, namely, pleasure at justice is justifying the claim that hard treatment is equally deserved. the normative status of suffering; (4) the meaning of proportionality; having a right to give it to her. in G. Ezorsky (ed.). relevant standard of proof. punishment. problem. picked up by limiting retributivism and equally culpable people alike (2003: 131). In addition, this view seems to imply that one who entered a retributivism. xxvi; Tadros 2011: 68). The two are nonetheless different. Against the Department of Corrections . Second, is the challenge of identifying proportional normally think that violence is the greater crime. Retributivism, in, , 2012, The Justification of outweigh those costs. negative retributivism is offered as the view that desert provides no This book argues for a mixed theory of legal punishment that treats both crime reduction and retribution as important aims of the state. substitute for formal punishment (Duff 2001: 118120). angry person, a person of more generous spirit and greatness of soul, punishment if she does wrong, and then follow through on the threat if It would call, for Hill 1999; Finkelstein 2004; Bedau & Kelly 2010 [2019: 4]). interfere with people's legitimate interests, interests people generally share, such as in, freedom of movement, choice regarding activities, choice of punishment. Murphy, Jeffrie G. and Jean Hampton, 1988. It can be argued that in this type of consequentialist philosophy of justice criminalization is somewhat equated to a tax. 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