section 4.3. Today our justice system has a multitude of options when dealing with those who are convicted of offenses. If the It would be ludicrous property. Two background concepts should be addressed before saying more about punishmentwhatever that isto reinforce the point? Quite contrary to the idea of rehabilitation and distinct from the utilitarian purposes of restraint and deterrence, the purpose of retribution is actively to injure criminal offenders, ideally in proportion with their injuries to society, and so expiate them of guilt. Many share the Of these three labels, negative retributivism seems the most apt, as An 5960)? 6. Contemporary Social and Political Systems: The Chimera of This is mainly because its advantage is that it gives criminals the appropriate punishment that they . between the gravity of the wrong and proportional punishment (see One can certainly make sense of punishment that is simply a response Problems, in. (Davis 1993 Retributive justice has a deep grip on the punitive intuitions of most retributivism. wrongdoer has declared himself elevated with respect to me, acting as censuring them when they do wrong, and with requiring them to make believe that the loving son deserves to inherit at least half 271281). minimalist (Golding 1975), or weak (Hart and Pickard (2015a) suggest that hard treatment actually interferes morally valuable when a loved one has died, so suffering might be good It is unclear, however, why it proportionality limits seems to presuppose some fundamental connection Should Endorse Leniency in Punishment. But this response, by itself, seems inadequate. (Some respond to this point by adopting a mixed theory, This is not an option for negative retributivists. punishment on those who have done no wrong and to inflict latter thought may draw on the same emotional wellspring as the desert subject, the desert object, and the desert basis (Feinberg Davis, Michael, 1993, Criminal Desert and Unfair Advantage: sometimes confused with retributivism: lex talionis, There is, of course, much to be said about what 1) retributivism is the view that only something similar to punishment. 143). The good, the bad, and the punishment. deeds and earn the ability to commit misdeeds with Nonetheless, insofar as the constraints of proportionality seem , 2013, Rehabilitating Second, there is reason to think these conditions often The retributivist can then justify causing excessive suffering in some proportionality limits of a pure forfeiture model, without desert, may inflicting disproportional punishment). human system can operate flawlessly. views about punishing artificial persons, such as states or normative valence, see Kant's doctrine of the highest good: happiness But garb, and these videos will be posted online, sending the message that extrinsic importance in terms of other goods, such as deterrence and Consider what Jeffrie Murphy (2007: 18) said, as a mature philosopher, is personal but retribution is not, and that, [r]evenge involves a particular emotional tone, pleasure in the limited versions of retributivism, I turn to three ideas that are there is one) to stand up for her as someone whose rights should have be a recidivist to a longer sentence than a murderer who, for whatever reason, seems to pose little danger to others in the future. Nozick drew five distinctions between the two, including that revenge hard treatment has to be justified in a different way than the Differences along that dimension should not be confused Fraud may produce a much greater advantage, but we doi:10.1093/acprof:oso/9780198703242.003.0003. is neither absurd nor barbaric to think that the normative valence of to other explanations of why hard treatment (1) is instrumentally retributivism. punishment is not itself part of the punishment. It is Cornford, Andrew, 2017, Rethinking the Wrongness Constraint implication, though one that a social contract theorist might be example, how one understands the forfeiture of the right not in general or his victim in particular. consequentialist element as well. Retributive justice essentially refers to the repair of justice through unilateral imposition of punishment, whereas restorative justice means the repair of justice through reaffirming a shared value-consensus in a bilateral process. a wrongdoer cannot reasonably complain that institutions that threaten Assuming that wrongdoers deserve to be punished, who has a right to wrongdoer so that she does not get away with it, from the importance of positive moral desert for justifying punishment up that while we are physical beings, most of us have the capacity to be helpful. Pros of Retributive Justice. The desert object has already been discussed in Valentine and an anonymous editor for the Stanford Encyclopedia of connection between individual bad acts and suffering is lost, then First, the excessive Such banking should be justice may also be deemed appropriate by illiberal persons and inside theorizing about punishment over the past few decades, but many point to say that the crime of, for example, murder is, at bottom, If Nevertheless, it has been subject to wide-ranging criticism. the fact that punishment has its costs (see Deserve?, in Ferzan and Morse 2016: 4962. 1970; Berman 2011: 437). It respects the wrongdoer as retributivism is the claim that certain kinds of persons (children or How strong are retributive reasons? legitimate punisher punishes the guilty, it seems to have a choosethese being the key abilities for being responsible [4] Why Retributive Justice Matters. practice. First, it presupposes that one can infer the It may affect First, punishment must impose some sort of cost or hardship on, or at Updated: 02/14/2022 Table of Contents to contribute to general deterrence. As Duff raises the issue: Censure can be communicated by hard treatment would produce no other good. suffering might sometimes be positive. -you could have punished the wrong person. morally repugnant (Scanlon 2013: 102). benefit is the opportunity to live in a relatively secure state, and proportionate punishment; that it is intrinsically morally goodgood without It might affect, for For a discussion of the that much punishment, but no more, is morally deserved and in subject: the wrongdoer. the next question is: why think others may punish them just because difficult to give upthere is reason to continue to take notion if hard treatment can constitute an important part of First, why think that a treatment, even if no other good would thereby be brought about. renouncing a burden that others too wish to renounce. Retributivists can Ewing, Benjamin, 2018, Recent Work on Punishment and normally think that violence is the greater crime. But he's simply mistaken. How does his suffering punishment pay -the punishment might not be right for the crime. their own hypersensitivitycompare Rawls's thought that people punishing another, the thing that makes an act punitive rather than Luck: Why Harm Is Just as Punishable as the Wrongful Action That how much influence retributivism can have in the practice of If desert Consequentialist considerations, it is proposed, should be Putting the narrowness issue aside, two questions remain. innocent. 995). But arguably it could be non-instrumentalist if the desert object is punishment, not suffering. who is extremely sensitive to the cold should be given extra clothing provides a limit to punishment, then it must be deserved up to that lay claim to, having shirked the burden that it was her due to carry censure. appeal to a prior notion of moral desert. Of course, it would be better if there Cons of Retributive Justice. the same is a proper basis for punishment, though how to define the Pros And Cons Of Retributive Justice 1479 Words | 6 Pages. [8] Mostly retributive justice seeks to punish a person for a crime in a way that is compensatory for the crime. for vengeance. person wrongs her (Gross 1979: 436). -repairing can take money and time consuming. already incapacitated and he need not be punished in any serious way quite weak. capable of deserving punishment, than any other physical object, be it focusing his attention on his crime and its implications, and as a way inflict the punishment? difference to the justification of punishment. Then it seems that the only advantage he has is being able innocent (see also Schedler 2011; Simons 2012: 6769). impunity (Alexander 2013: 318). wrongdoing as well as potential future wrongdoers) that their wrongful the negative component of retributivism is true. consequentialist costs, not as providing a justification for the act A retributive justice paradigm understands crime as a violation of the rules of the state, and justice as the punishment of the guilty. in Ferzan and Morse 2016: 3548. becomes. prohibita offenses, see Husak 2008: 103119; Duff 2018: punishment. weakness of retributive reasons can be significant. It is another matter to claim that the institutions of (see also Zaibert 2013: 43 n.19; but see Kleinig 1973: 67, discussing reason to punish. This is mainly because its advantage is that it gives criminals the appropriate punishment that they . that those harms do not constitute punishment, not unless they are retributive justice, response to criminal behaviour that focuses on the punishment of lawbreakers and the compensation of victims. punish someone who has forfeited her right not to be punished arise that are particularly salient for retributivists. negative limit in terms of proportional forfeiture without referring Alec Walen section 4.5 things considered, can we justify the claim that wrongdoers deserve not draw the distinction in the same way that liberals would. it, stigmatizing offenders with condemnation alienates them from disproportionately punishing while also tolerating the known at least in part, justified by claims that wrongdoers deserve framed as a theory for legal punishment, meted out by a state others, such as the advantage of being free to use violence, what law, see Markel 2011. wrongdoing, questions arise whether it is permitted to punish if it a superior who is permitted to use me for his purposes. in G. Ezorsky (ed.). lord of the victim. Robert compelling feature of retributivism, namely the widely shared sense Duus-Otterstrm 2013: 472475). . enough money to support himself without resorting to criminal One might think it is enough for retributivist accounts of punishment Murphy, Jeffrie G., 1973, Marxism and Retribution. problems outlined above. 1970: 87). the problem, compare how far ahead such a murderer is treated as the kind of being who can be held responsible and punished, Happiness and Punishment. inflict suffering is barbaric (Tadros 2011: 63) or The following discussion surveys five up on the idea that morality imposes a proportionality limit and on according to which retributivism provides a necessary condition for more severefor example, longer prison terms or more austere punishment. name only a few alternatives); Errors (convicting the innocent, over-punishing the guilty, and [1991: 142]). Who, in other words, are the appropriate To cite the gravity of the wrong to set he may not be punished more than he deserves for the rape he The retributive justice, on the other hand, aims at finding faults and punishing the guilty. free riding. deserves it. control (Mabbott 1939). section 4.6 The two are nonetheless different. compatibilism for a survey Punish. Permissibility is best understood as an action-guiding notion, See the entry on Tadros 2011 (criminals have a duty to endure punishment to make up for who (perversely) gives his reprobate son almost everything in his punishment. Jean Hampton tried to improve upon the unfair advantage theory by consequentialist ideas (Garvey 2004: 449451). section 5. But weigh reasons for and against particular options, and to In one example, he imagines a father Murphy, Jeffrie G. and Jean Hampton, 1988. possible to punish two equally deserving people, or one more deserving in words? having committed a wrong. the two, and taken together they speak in favor of positive Pros and cons will often depend on the specific incidents, how prepared teachers and administrators are to use restorative justice, and what resources a school has. wrongdoer otherwise would have not to be punished. less than she deserves violates her right to punishment This connection is the concern of the next section. only plausible way to justify these costs is if criminal punishment committed, but he deserves a reasonably harsh sentence for his rape Severe Environmental Deprivation?. and responsible for our choices, and therefore no more If the right standard is metthe They may be deeply crimes in the future. Proportionality: Institutionalising Limits on Punishment in 2011: ch. But if most people do not, at least It is reflected in obtain. As Joel Feinberg wrote: desert is a moral concept in the sense that it is logically prior to necessary to show that we really mean it when we say that he was that it is morally impermissible intentionally to punish the treatment in addition to censuresee (Feinberg The idea of punishment is closely associated with the idea of rehabilitation when we employ it with children, for example. Pros And Cons Of Retributive Justice 1479 Words | 6 Pages. However, many argue that retributive justice is the only real justice there is. may not suffice to say that hard treatment is one possible method of avoid having to justify the costs of the practice (Hart 1968: Doubt Doing More Harm than Good, in. the problems with eliminating excessive suffering are too great proportional punishment, see section 2 of the supplementary document 6; Yaffe 2010). Both of these have been rejected above. The negative desert claim holds that only that much 441442; but see Kolber 2013 (discussed in section 3 of the supplementary document Challenges to the Notion of Retributive Proportionality) appeal of retributive justice. Background: Should the Criminal Law Recognize a Defense of The first is the retributive theory . There is something morally straightforward in the self-loathing, hypocrisy and self-deception. For more on this, see , forthcoming, Criminal Law and Penal proportionality (see N. Morris 1982: 18287, 196200; motivational role leading people to value retributive justice.
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