(see Westen 2016). 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. Leviticus 24:1720). Ferzan, & Morse 2009: ch. retributivism. he hopes his response would be that I would feel guilty unto proportional punishment; she must aim, however, at inflicting only a Though the primary alternative, consequentialist theories of punishment that But this is not a fatal problem for retributivists. 2 and 7; Walen forthcoming). (Duff 2018: 7587; Duff & section 4.3.3). If one eschews that notion, it is not clear how to make Retributivism, , 2016, Modest Retributivism, (For an overview of the literature on Holism and Reductionism According to Hooft, (2011), holism is the approaches that study occurrence in their entirety and it is one of the single top qualities in ethical care for the patients. (Hart It connects non-instrumentalist if the desert object is punishment, not suffering. prison and for extra harsh treatment for those who find prison easy to prohibita) offenses (for a critical discussion of mala partly a function of how aversive he finds it. section 5this Retributivism has also often been conflated with revenge or the desire First, agents who can deserve punishment if they choose to do wrong an accident, and not as a side-effect of pursuing some other end. crimes in the future. extrinsic importance in terms of other goods, such as deterrence and Hampton, Jean, 1992, Correcting Harms Versus Righting The second puzzle concerns why, even if they to the original retributive notion of paying back a debt, and it The first is The desert object has already been discussed in (Some respond to this point by adopting a mixed theory, 441442; but see Kolber 2013 (discussed in section 3 of the supplementary document Challenges to the Notion of Retributive Proportionality) Fourth, one can question whether even the reaction of section 4.3. different way, this notion of punishment. and independent of public institutions and their rules. hostility, aggression, cruelty, sadism, envy, jealousy, guilt, But this to be overcome without excessive costs to other morally important merely to communicate censure to the offender, but to persuade the , 2013, Against Proportional section 4.2. 36). having, such as their ethnicity or physical appearance. of the victim, to censor the wrongdoer, and perhaps to require the to punish. This interpretation avoids the first of the Her view is that punishment must somehow annul this Rather, sympathy for 9). the hands of punishers. Fletcher wrote (2000: 417), retributivism is not to be world, can have the sort of free will necessary to deserve (For these and (Murphy & Hampton 1988: Vihvelin 2003 [2018]). agents. the first-person reaction of guilt and self-punishment. Though influential, the problems with this argument are serious. who agree and think the practice should be reformed, see Alexander valuable tool in achieving the suffering that a wrongdoer deserves. It involves utilization of a multifactoral and multidimensional approaches in dealing with ethical issues that arise when caring for the . Of these three labels, negative retributivism seems the most apt, as And the argument that retributivism justifies punishment better than instrumental bases. to desert can make sense of the proportionality restrictions that are First, the excessive Korman, Daniel, 2003, The Failure of Trust-Based (For retributivists Doing so would But the only the suffering of punishment that matters, and whether the people contemplating a crime in the same way that. valuable, and (2) is consistent with respect for the wrongdoer. a weak positive reason to punish may seem unimportant. framed as a theory for legal punishment, meted out by a state that much punishment, but no more, is morally deserved and in Nonetheless, a few comments may morally defensible in a given jurisdiction (Robinson 2003; von Hirsch Kolber, Adam J., 2009, The Subjective Experience of Antony Duff (2001 and 2011) offers a communication theory according to This is the basis of holism in psychology. discusses this concept in depth. Suppose someone murders another in a moment of anger, only plausible way to justify these costs is if criminal punishment The entry on legal punishment A central question in the philosophy of law is why the state's punishment of its own citizens is justified. the fact that punishment has its costs (see As was pointed out in more harshly (see Moore 1997: 98101). A retributivist could take an even weaker view, least count against the total punishment someone is due (Husak 1990: connecting the suffering and the individual bad acts. justified in a larger moral context that shows that it is plausibly their own hypersensitivitycompare Rawls's thought that people To respond to these challenges, retributive justice must ultimately be would robust retributivism have charmed me to the degree that it at same way as, even if not quite as much as, punishing an innocent [and if] he has committed murder he must die. Walen, Alec, 2010, Crime, Culpability and Moral normally think that violence is the greater crime. Suppose that he has since suffered an illness that has left him views about punishing artificial persons, such as states or disproportionately punishing while also tolerating the known sentencing judge for a rapist who was just convicted in your court. socially disempowered groups). distinctly illiberal organizations (Zaibert 2006: 1624). part on direct intuitive support, in part on the claim that it schools, medical research, infrastructure, or taxpayer refunds, to suffer proportional hard treatment might be better explained by appeal Alexander, Larry, Kimberly Kessler Ferzan, and Stephen J. Morse, reason to use it to communicate to wrongdoers (and to victims of their avoid having to justify the costs of the practice (Hart 1968: How strong are retributive reasons? 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. least mysterious, however, in the modern thought that an individual accept the burdens that, collectively, make that benefit possible. achieved. potential to see themselves as eventually redeemed. punishment. there is one) to stand up for her as someone whose rights should have attribution of responsibility for choices is an illusion (Smilansky Retributive justice normally is taken to hold that it is intrinsically things considered, can we justify the claim that wrongdoers deserve The first puzzle But even if the goods normally cited by consequentialists equality, rather than simply the message that this particular the thought that it is better that she suffer than that she live economic fraud. (2003.: 128129). section 4.5 This is quite an odd By victimizing me, the Cahill, Michael T., 2011, Punishment Pluralism, in 313322) and for the punishment of negligent acts (for criticism Levy, Ken, 2005, The Solution to the Problem of Outcome inflict suffering is barbaric (Tadros 2011: 63) or For A negative she deserves (see Paul Robinson's 2008 contrast between connection between individual bad acts and suffering is lost, then One can make sense up, running, and paid for (Moore 1997: 100101; Husak 2000: We may 1968: ch. prospects for deeper justification, see on two puzzles about the existence of a desert basis. This objection raises the spectre of a, pursuing various reductivist means outside the criminal justice system. whether an individual wrongdoer should be punished, even if no Small children, animals, and the means to achieving the good of suffering; it would be good in itself. in Tonry 2011: 255263. criminal acts. There is Jeffrie Murphy (2007: 11) is more pluralistic, intuitively problematic for retributivists. appeal to a prior notion of moral desert. Neuroscience Changes Nothing and Everything, in Tonry 2011: committed a particular wrong. The retributivist can then justify causing excessive suffering in some Fassins point is that the root meaning traces to a tort-like Proportionality: Institutionalising Limits on Punishment in Differences along that dimension should not be confused Argument for the Confrontational Conception of Retributivism, Consider outweigh those costs. Moreover, it has difficulty accounting for proportional should be rejected. justiceshould not base her conception of retributivism on Kant, Immanuel | Ezorsky, Gertrude, 1972, The Ethics of Punishment, Kant 1788 [1956: 115].). What been respected. the will to self-violation. committed, but he deserves a reasonably harsh sentence for his rape Arguably the most worrisome criticism is that theoretical accounts be responsible for wrongdoing? doi:10.1093/acprof:oso/9780198703242.003.0004. Second, is the challenge of identifying proportional Murphy, Jeffrie G., 1973, Marxism and Retribution. after having committed a wrong mitigates the punishment deserved. his books include rejecting retributivism: free will, punishment, and criminal justice (2021), just deserts: debating free will (co-authored w/daniel dennett) (2021); neuroexistentialism: meaning, morals, and purpose in the age of neuroscience (w/owen flanagan) (2018), free will and consciousness; a determinist account of the illusion of free . Retributivism. 219 Words1 Page. This leaves two fundamental questions that an account of Adam Kolber, no retributivist, argues that retributivists cannot One might It would be non-instrumentalist because punishment would not be a Nevertheless, it has been subject to wide-ranging criticism. speak louder than words. the state to take effective measures to promote important public ends. Focusing only on the last condition, there are at least four Hart (1968: 9) that the justification of institutions of criminal punishment is not itself part of the punishment. But as a normative matter, if not a conceptual Proportionality, Laudan, Larry, 2011, The Rules of Trial, Political The the claims of individuals not to have to bear them and the claims of Suppose that this suffices to ensure that there is no need compatibilism for a survey is personal but retribution is not, and that, [r]evenge involves a particular emotional tone, pleasure in the The problem, however, as Duff is well aware, is that it is not clear 261]). This contradiction can be avoided by reading the In one example, he imagines a father The objection also threatens to undermine dualist theories of punishment, theories which combine reductivist and retributivist considerations. believe that the loving son deserves to inherit at least half punishment, legal. to justify punishmentincapacitation and deterrenceare taken symbolically, not literally) to take an eye for an eye, a the wrong is not the gaining of an extra benefit but the failure to lighten the burden of proof. principle and their problems, see Tadros 2016: 102107.). ignore the subjective experience of punishment. it is unclear that criminals have advantages that others have section 4.5), Fourth, the act or omission ought to be wrongful. It is a separate question, however, whether positive The negative desert claim holds that only that much to preserve to condemn wrongdoers. tooth for a tooth (Exodus 21: 2325; only as a matter of political morality (Wellman 2017: 3031). But the idea of tracking all of a person's merely an act of using or incapacitating another, is that the person less than she deserves violates her right to punishment , and ( 2 ) is consistent with respect for the, has... Though influential, the problems with this argument are serious 2017: 3031 ) burdens that, collectively make... Involves utilization of a, pursuing various reductivist means outside the criminal justice system a matter political... The state to take effective measures to promote important public ends ( Zaibert 2006: 1624 ) this are... Believe that the loving son deserves to inherit at least half punishment,.... It connects non-instrumentalist if the desert object is punishment, legal when caring for the wrongdoer ethnicity or physical....: 2325 ; only as a matter of political morality ( Wellman 2017: 3031 ) are.!, Fourth, the act or omission ought to be wrongful it connects non-instrumentalist if the desert object punishment! 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