Justice distributive et justice rétributive

Philosophiques 24 (1):71-89 (1997)
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Abstract

This paper explores Rawls' positions on the subject of retributive (criminal) justice. It is first argued that Rawls' perspective is hybrid with respect to the two traditional dichotomies of retributivism vs. utilitarianism and of deontologism vs. consequentialism. There is evidence to the effect that Rawls is both a retributivist and a consequentialist. Secondly, Rawls' positions are discussed in the light of recent empirical research. It is argued that his view of retributive justice as being strictly reactive conflicts with the present proactive dimension of criminal justice. It is also suggested that the principle that all inequality should profit the least advantaged members of society has now little application in criminal justice which essentially targets the poor and the powerless.

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Avez-vous lu Rawls ?Bjarne Melkevik - 1997 - Philosophiques 24 (1):59-70.

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