Abstract

Criminal punishments are commonly imposed on those convicted of harming others, yet punishment is itself necessarily harmful. Although we suppose that there is a moral difference between the two types of harming, the precise nature of this difference is not at all obvious. The problem here can be approached by asking this question: in what situations is harming others most obviously morally justified? And the answer, intuitively, is that these are situations involving self-defense against culpable aggression. This intuition provides a point of departure for explaining how criminal punishment is morally justifiable as an instrument of societal-defense. Developing this explanation requires identifying the principle of distributive justice that justifies harming others in individual self-defense, and then applying that principle to defensive actions by societies.