Alfredo Traps in Durrenmatt’s tale discovers that he has brought off, all by himself, a murder involving considerable ingenuity. The mock prosecutor in the tale demands the death penalty “as reward for a crime that merits admiration, astonishment, and respect.” Traps is deeply moved; indeed, he is exhilarated, and the whole of his life becomes more heroic, and, ironically, more precious. His defense attorney proceeds to argue that Traps was not only innocent but incapable of guilt, “a victim of the (...) age.” This defense Traps disavows with indignation and anger. He makes claim to the murder as his and demands the prescribed punishment—death. (shrink)

Retributive accounts of the justification of criminal punishment are increasingly fashionable, yet their proponents frequently rely more on suggestive metaphor than on reasoned explanation. This article seeks to question whether any such coherent explanations are possible. I briefly sketch some general doubts about the validity of retributivist views and then critique three recent efforts (by George Sher, Jean Hampton, and Michael Moore) to put retributivism on a sound basis.

The aim of this paper is to provide a broad sketch of the advantages of the debt/atonement approach to punishment. Such an approach is appealing for it can benefit both the victim and the remorseful victimizer. Compared to other theories, it gives a fuller and more unified account of our intuitions about paying debts, doing penance, alleviating guilt, granting forgiveness, and offsetting privileges, pleasures and burdens. The theory also allows us to avoid justifying punishment on the basis of using some (...) people to deter others. And it does all of this while channeling in a positive and productive way the deeply felt vindictive need to "get even." Thus, contrary to the traditional wisdom that justice and revenge are diametrically opposed, providing the former may actually depend upon allowing the latter. (shrink)