Just ethical punishment

Journal of Value Inquiry 16 (1):3 - 20 (1982)
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Abstract

THE PAPER ANALYZES THE NATURE, FORMS AND PURPOSE OF JUST ETHICAL PUNISHMENT, LAYING DOWN THE NECESSARY CONDITIONS FOR IT. THEY INCLUDE: (1) SELF-ADMINISTRATION OF PUNISHMENT; (2) PROPORTIONALITY OF PUNISHMENT (DEPRIVATION OF VALUES, MENTAL PAIN, ETC.) TO THE VICTIM’S DEPRIVATION OF VALUES AND HIS PAIN; (3) NON-INFLICTION OF PHYSICAL PAIN OR MENTAL CRUELTY; AND (4) THE PUNISHER’S MORAL ENTITLEMENT (AND PROPER EXERCISE OF THE RIGHT) TO PUNISH THE OFFENDER. THE CONCLUDING SECTION CONSIDERS WITTGENSTEIN’S VIEW THAT ETHICAL PUNISHMENT "MUST RESIDE IN THE (WRONG) ACTION ITSELF," AND THE CHRISTIAN VIEW OF ETHICAL PUNISHMENT, RELATING THEM TO THE EARLIER DISCUSSION

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