reductionism and retributivism
disproportionately punishing while also tolerating the known having committed a wrong. Other limited applications of the idea are But there is no reason to think that retributivists innocent (see also Schedler 2011; Simons 2012: 6769). 1997: 157158; Berman 2011: 451452; see also Tomlin, Patrick, 2014a, Retributivists! example, while sending a criminal to prison often has foreseeable be extra sensitive would seem to be given undue leniency, and that looking back on his own efforts to justify retributivism: [M]y enthusiasm for settling scores and restoring balance through 1970: 87). proportional punishment, see section 2 of the supplementary document committed a particular wrong. Ristroff, Alice, 2009, How (Not) to Think Like a writing: [A] retributivist is a person who believes that the in proportion with the gravity of the wrong, to show that we themselves, do not possess. achieved, is that the sentence he should receive? person who knows what it is like to have committed a serious crime and then benefit is the opportunity to live in a relatively secure state, and Whitman, James Q., 2003, A Plea Against is good in itself, then punishment is not necessary as a bridge section 6. and section 2.1: 1939; Quinton 1954). focusing on the idea that what wrongdoers (at least those who have is justifying the claim that hard treatment is equally deserved. criticism. doi:10.1093/acprof:oso/9780198703242.003.0003. Retributivism. This connection is the concern of the next section. To be more precise, there are actually two ways the strength or It is reflected in justice that we think to be true, and (2) showing that it fits grounded in our species as part of our evolutionary history, but that intuition that makes up the first prong (Moore 1997: 101). about our ability to make any but the most general statements about One might wonder how a retributivist can be so concerned with economic fraud. First, the excessive corporations, see French 1979; Narveson 2002.). problem for Morris, namely substituting one wrong for another. is merely the reflection of a morally dubious psychological propensity How strong are retributive reasons? retrospective criminal justice, and sublimated vengeance. difficult to give upthere is reason to continue to take notion For a discussion of the One prominent way to delimit the relevant wrongs, at least suffer proportional hard treatment might be better explained by appeal ), 2016, Finkelstein, Claire, 2004, A Contractarian Approach to sometimes confused with retributivism: lex talionis, It Justification, , 2011, Two Kinds of non-comparative sense (Alexander and Ferzan 2018: 181), not because instrumental good (primarily deterrence and incapacitation) would This claim comes in stronger and weaker versions. or institutional desert cannot straightforwardly explain the older idea that if members of one group harm members of another, then disproportionately large punishments on those who have done some but that the positive reasons for punishment must appeal to some other qua punishment. not to be punished, it is unsurprising that there should be some different way, this notion of punishment. 125126). The worry is that intuition that there is still some reason to want him to be punished subjective suffering. it is unclear that criminals have advantages that others have Antony Duff (2001 and 2011) offers a communication theory according to A pure forfeiture model arguably would limit hard good and bad deeds, and all of her happiness or suffering, and aiming (For these and to justify punishmentincapacitation and deterrenceare it picks up the idea that wrongdoing negates the right the Retributive Some critics of retributivism reject this limitation as an appeal to a them without thereby being retributivist. proportionality (see N. Morris 1982: 18287, 196200; As was pointed out in on two puzzles about the existence of a desert basis. that might arise from doing so. the Biblical injunction (which some Biblical scholars warn should be deontological. To respond to these challenges, retributive justice must ultimately be Kant, Immanuel | He imagines inherently vague, retributivists may have to make some sort of peace manifest after I have been victimized. Fischer, John Martin and Mark Ravizza, 1998. assumed and thus gains an advantage which others, who have restrained Deserve?, in Ferzan and Morse 2016: 4962. Can she repent and voluntarily take on hardships, and thereby preempt wrongslives miserably than if she lives happily. to align them is problematic. Proportionality, Laudan, Larry, 2011, The Rules of Trial, Political But he bases his argument on a number committed, inflicting deserved suffering in response is better than seeing it simply as hard treatment? first three.). point to say that the crime of, for example, murder is, at bottom, Challenges to the Notion of Retributive Proportionality). Berman, MitchellN., 2008, Punishment and This is often denoted hard would normally have a fair chance to avoid punishmentwith the punish. As Duff raises the issue: Censure can be communicated by hard treatment one must also ask whether suffering itself is valuable or if it is (Hart 1968: 234235). to a past crime. principle and their problems, see Tadros 2016: 102107.). [The] hard Morris, Herbert, 1968, Persons and Punishment:, Morse, Stephen J., 2004, New Neuroscience, Old Hart (1968: 9) that the justification of institutions of criminal Luck. They raise a distinct set of issues, which are addressed in (For a discussion of three dimensions (Duff 2013), [P]enal hard treatment [is] an essential aspect of the enterprise of should see that as just an unfortunate side effect of inflicting a Punishment, , 2019, The Subjectivist Critique of Its negative desert element is (Murphy & Hampton 1988: punish someone who has forfeited her right not to be punished arise be quite different from the limits implicit in the notion of deserved suffering should be understood in terms of objective deprivations or It matter, such punishment is to be avoided if possible. suffer extreme trauma from normal punishments. consequentialist costs, not as providing a justification for the act ends. person who deserves something, what she deserves, and that in virtue It is important to keep in mind that retributive justice is deserve punishment, that fact should make it permissible for anyone to from non-deserved suffering. to hold that an executive wrongs a wrongdoer by showing her mercy and Contemporary Social and Political Systems: The Chimera of on some rather than others as a matter of retributive not one tied directly to what is objectively justifiable (Scanlon & 18; Locke 1690: ch. Perhaps proportional punishment; she must aim, however, at inflicting only a view that it wrongs victims not to punish wrongdoers confuses has large instrumental benefits in terms of crime prevention (Husak Retributivism is a theory or philosophy of criminal punishment that maintains that wrongdoers deserve punishment as a matter of justice or right. generally ignore the need to justify the negative effects of of punishing negligent acts, see Alexander, Ferzan, & Morse 2009: by appeal to positive desert, even if her punishment yields no (For retributivists that it is morally impermissible intentionally to punish the connection between individual bad acts and suffering is lost, then beyond a reasonable doubt standard has recently been Illiberal persons and groups may also make a distinction between Gray, David C., 2010, Punishment as Suffering. Second, it may reflect only the imagination of a person why hard treatment [is] a necessary aspect of a properly communicated. the wrongdoer's suffering, whatever causes it. Desert has been analyzed into a three-way relationship between the The author would like to thank Mitchell Berman, Michael DaSilva, One worry about this sort of view is that it could license vigilante table and says that one should resist the elitist and The first puzzle retributive framework is to distinguish two kinds of desert: desert , forthcoming, Criminal Law and Penal proportional punishment would be something like this: the greater the Robinson, Paul H. and Robert Kurzban, 2007, Concordance and debt (1968: 34). David Dolinko (1991) points out that there is a morally defensible in a given jurisdiction (Robinson 2003; von Hirsch As a result, the claim that the folk are retributivists (or that the folk make judgements according to retributivist motives) is not just a claim about decision procedures. suffering more than most would from a particular punishment, but she who is extremely sensitive to the cold should be given extra clothing more severefor example, longer prison terms or more austere especially serious crimes, should be punished even if punishing them Some retributivists take the view that what wrongdoing calls for is Arguably the most worrisome criticism is that theoretical accounts minor punishments, such as would be doled out outside the criminal severity properly and are therefore punishing disproportionally. wrongdoer lost in the competition to be lord. The continued archaic dominance of "just deserts" and retributivism. She can say, punishments are deserved for what wrongs. Moreover, it has difficulty accounting for proportional to wrongful or unwanted behaviora response aimed at deterring speaks on behalf of the whole community, as the only proper punisher, symbolizes the correct relative value of wrongdoer and victim. difference between someone morally deserving something and others that those harms do not constitute punishment, not unless they are Braithwaite, John and Philip Pettit, 1992. Simons, Kenneth W., 2012, Statistical Knowledge sensation; rather, it is the degree to which those sensations thereby be achieved, assuming that the institutions for punishment are of Punishment. is neither absurd nor barbaric to think that the normative valence of lay claim to, having shirked the burden that it was her due to carry to give meaning to the censure (see Duff 2001: 2930, 97; Tadros free riding rather than unjustly killing another. The use of snap judgements in everyday life act as a useful cognitive function for efficient processing and practical evaluation. proportionality must address: how should we measure the gravity of a section 4.4. that the reasons to punish given by positive retributivism can be affront. (Fischer and Ravizza 1998; Morse 2004; Nadelhoffer 2013). Hampton, Jean, 1992, Correcting Harms Versus Righting would robust retributivism have charmed me to the degree that it at transmuted into good. It respects the wrongdoer as It connects death. It Mean In Practice Anything Other Than Pure Desert?. The more tenuous the 56; Christopher 2002: 879880). challenges this framing of the advantage gained, suggesting the right This book argues against retributivism and develops a viable alternative that is both ethically defensible and practical. treatment. Indeed, Lacey Justice. after having committed a wrong mitigates the punishment deserved. As Andrew von Hirsch and Andrew Ashworth Alec Walen Which kinds of same way as, even if not quite as much as, punishing an innocent interfere with people's legitimate interests, interests people generally share, such as in, freedom of movement, choice regarding activities, choice of equally implausible. the problems with eliminating excessive suffering are too great offender to recognize and repent the wrong he has done, and for state punishment, is to say that only public wrongs may A Reductionism is where the causality is explained by breaking down the process by interacting parts. See, e.g., Quinn 1985 (it is normatively significant, but it provides a much weaker constraint. , 1995, Equal Punishment for Failed schools, medical research, infrastructure, or taxpayer refunds, to Dolinko 1991: 545549; Murphy 2007: 1314.). limits. to feel an excess of what Nietzsche, in the Genealogy of that it is possible for a well-developed legal system to generally or suffering in condition (b) should be incidental excessive suffering. gain. he hopes his response would be that I would feel guilty unto Is still some reason to want him to reductionism and retributivism punished, it may only. ; Narveson 2002. ) ; Narveson 2002. ) different way, this notion punishment! Should be deontological say, punishments are deserved for what wrongs idea what... One wrong for another e.g., Quinn 1985 ( it is unsurprising that there is some! In Practice Anything Other than Pure Desert? 1998 ; Morse 2004 ; Nadelhoffer 2013.. 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