Deserving Blame, and Sometimes Punishment

Criminal Law and Philosophy 18 (1):133-150 (2023)
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Abstract

Michael S. Moore is a whole-hearted retributivist. The triumph of Mechanical Choices is that Moore provides a thoroughly physicalist, reductionist-friendly, compatibilist account of the features that make persons deserving of blame and punishment. Many who embrace scientific accounts of psychology worry that from this perspective the grounds for desert disappear; but Moore argues that folk psychological accounts of responsibility—such as those found in the criminal law—are either vindicated or not implicated by science. Moore claims that criminal punishment can be justified by looking solely to moral desert, couched in folk terms. In this paper I argue that interpersonal blame and punishment and criminal blame and punishment hold people responsible in the same sense, and that directed moral blame in both forms aim to communicate something to the wrongdoer and generate a backward-looking or retributive good. However, contra Moore, I will argue that instrumental aims are also important to justifying methods and degree of punishment within both realms.

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Katrina L. Sifferd
Elmhurst University

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References found in this work

Two Faces of Responsibility.Gary Watson - 1996 - Philosophical Topics 24 (2):227-248.
Fair Opportunity and Responsibility.David O. Brink - 2021 - Oxford University Press.
Fairness and the Architecture of Responsibility.David O. Brink & Dana K. Nelkin - 2013 - Oxford Studies in Agency and Responsibility 1:284-313.
Basically Deserved Blame and its Value.Michael McKenna - 2019 - Journal of Ethics and Social Philosophy 15 (3).
Accountability and Desert.Dana Kay Nelkin - 2016 - The Journal of Ethics 20 (1-3):173-189.

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