A Defense of Retributivism

International Journal of Applied Philosophy 14 (1):97-117 (2000)
  Copy   BIBTEX

Abstract

The moral theory justifying punishment will shape the debate over numerous controversial issues such as the moral permissibility of the death penalty, probation, parole, and plea bargaining, as well as issues about conditions in prison and access to educational opportunities in prison. In this essay I argue that the primary goal of the criminal justice system is to inflict suffering on, and only on, those who deserve it. If I am correct, the answer to issues involving the criminal justice system should be answered in large part by considering whether the practice in question furthers the infliction of suffering on, and only on, those who deserve it.

Links

PhilArchive



    Upload a copy of this work     Papers currently archived: 92,707

External links

Setup an account with your affiliations in order to access resources via your University's proxy server

Through your library

Similar books and articles

Retributivism and Fallible Systems of Punishment.George Schedler - 2011 - Criminal Justice Ethics 30 (3):240-266.
Retributivism In Extremis.Douglas Husak - 2013 - Law and Philosophy 32 (1):3-31.
Rehabilitating Retributivism.Mitchell N. Berman - 2013 - Law and Philosophy 32 (1):83-108.
Say what? A Critique of Expressive Retributivism.Nathan Hanna - 2008 - Law and Philosophy 27 (2):123-150.
Retributivism and Plea Bargaining.Richard L. Lippke - 2006 - Criminal Justice Ethics 25 (2):3-16.
Annulment Retributivism: A Hegelian Theory of Punishment.Jami L. Anderson - 1999 - Cambridge University Press 5 (4):363-388.
A Hegelian Theory of Punishment.Jami L. Anderson - 1999 - Legal Theory 5 (4):363-388.
The philosophy of criminal law: selected essays.Douglas N. Husak - 2010 - New York: Oxford University Press.
Reciprocity as a Justification for Retributivism.Jami L. Anderson - 1997 - Criminal Justice Ethics 16 (1):13-25.
Unintentional Punishment.Adam J. Kolber - 2012 - Legal Theory 18 (1):1-29.
Retributivism revisited.Nathan Hanna - 2014 - Philosophical Studies 167 (2):473-484.
Rethinking Imprisonment.Richard L. Lippke - 2007 - Oxford University Press.

Analytics

Added to PP
2011-01-09

Downloads
162 (#120,893)

6 months
26 (#116,446)

Historical graph of downloads
How can I increase my downloads?

Author's Profile

Stephen Kershnar
Fredonia State University

References found in this work

No references found.

Add more references