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Journal articles on the topic 'Retributivism'

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Published: 4 June 2021

Last updated: 25 April 2022

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1

Galoob, Stephen R. "Retributivism and Criminal Procedure." New Criminal Law Review 20, no. 3 (2017): 465–505. http://dx.doi.org/10.1525/nclr.2017.20.3.465.

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Retributivist theories of punishment are in tension with due process. Some retributivists adopt a simple view that punishment of the deserving is normatively justified. However, this Simple Retributivism licenses unjust and illegitimate rules of criminal procedure. A more refined version of retributivism, on which a person’s punishment is justified only if she deserves to be punished for the offense with which she is charged and her desert bases cause her to be liable to punishment, avoids the troubling implications of Simple Retributivism. Refined Retributivism also entails specific principle

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2

Bronsther, Jacob. "The Limits of Retributivism." New Criminal Law Review 24, no. 3 (2021): 301–25. http://dx.doi.org/10.1525/nclr.2021.24.3.301.

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“Limiting retributivists” believe that the vagueness of retributive proportionality represents a moral opportunity. They maintain that the state can permissibly harm an offender for the sake of crime prevention and other nonretributive goods, so long as the sentence resides within the broad range of retributively “not undeserved” punishments. However, in this essay, I argue that retributivism can justify only the least harmful sentence within such a range. To impose a sentence beyond this minimum would be cruel from a retributive perspective. It would harm an offender to a greater degree witho

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3

RYBERG, JESPER. "Retributivism and Resources." Utilitas 25, no. 1 (2013): 66–79. http://dx.doi.org/10.1017/s0953820812000271.

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A traditional overall distinction between the various versions of retributive theories of punishment is that between positive and negative retributivism. This article addresses the question of what positive retributivism – and thus the obligation to punish perpetrators – implies for a society in which the state has many other types of obligation (e.g. obligations to provide its citizens with some degree of health care, education, protection, etc.). Several approaches to this question are considered. It is argued that the resource priority question constitutes a genuine and widely ignored chall

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4

Gurnham, David. "The moral narrative of criminal responsibility and the principled justification of tariffs for murder: Myra Hindley and Thompson and Venables." Legal Studies 23, no. 4 (2003): 605–23. http://dx.doi.org/10.1111/j.1748-121x.2003.tb00230.x.

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This paper examines the role of retributivism as a principled justification for punishment in the context of the judicial tariff judgments on Myra Hindley and Thompson and Venables. The paper examines the development of retributivist theory from the foundational premise of liberal individualism to its contemporary understanding as a communication of public censure. It is argued that, against the background of legal judgment on tariff issues, retributivism cannot be meaningful in itself. Determining the retributive requirements of justice necessarily involves the construction of a moral narrati

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5

Corlett, J. Angelo. "Making Sense of Retributivism." Philosophy 76, no. 1 (2001): 77–110. http://dx.doi.org/10.1017/s0031819101000067.

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This paper explicates and challenges John Rawl's argument concerning a rule-utilitarian theory of punishment. In so doing, it argues in favour of a retributivist theory of punishment, one that seeks to justify, not only particular forms of punishment, but the institution of punishment itself. Some crucial objections to retributivism are then considered: one regarding the adverse effects of punishment on the innocent, another concerning proportional punishment, a third pertaining to vengeance and retribution, a Marxian concern with retributive punishment, and a concern with the concept of deser

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6

Moore, Michael S. "Justifying Retributivism." Israel Law Review 27, no. 1-2 (1993): 15–49. http://dx.doi.org/10.1017/s0021223700016836.

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I shall address two concerns in this paper: first, what retributivism is, and second, how one justifies retributivism as the only proper theory of punishment. Since this paper is necessarily short, treatment of these topics is likewise abbreviated, although hopefully not so abbreviated but that it whets the appetite for those who wish to pursue them in greater depth.Retributivism is the view that we ought to punish offenders because and only because they deserve to be punished. Punishment is justified, for a retributivist, solely by the fact that those receiving it deserve it. Punishment of de

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7

Shaw, Elizabeth. "Retributivism and the Moral Enhancement of Criminals Through Brain Interventions." Royal Institute of Philosophy Supplement 83 (October 2018): 251–70. http://dx.doi.org/10.1017/s1358246118000383.

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AbstractThis chapter will focus on the biomedical moral enhancement of offenders – the idea that we could modify offenders’ brains in order to reduce the likelihood that they would engage in immoral, criminal behaviour. Discussions of the permissibility of using biomedical means to address criminal behaviour typically analyse the issues from the perspective of medical ethics, rather than penal theory. However, recently certain theorists have discussed whether brain interventions could be legitimately used for punitive (as opposed to purely therapeutic) purposes. For instance, Jesper Ryberg arg

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8

Brooks, Thom. "Is Hegel a Retributivist?" Hegel Bulletin 25, no. 1-2 (2004): 113–26. http://dx.doi.org/10.1017/s0263523200002044.

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Amongst contemporary theorists, the most widespread interpretation of Hegel's theory of punishment is that it is a retributivist theory of annulment, where punishments cancel the performance of crimes. The theory is retributivist insofar as the criminal punished must be demonstrated to be deserving of a punishment that is commensurable in value only to the nature of his crime, rather than to any consequentialist considerations. As Antony Duff says:[retributivism] justifies punishment in terms not of its contingently beneficial effects but of itsintrinsicjustice as a response to crime; the just

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9

LANDA, DIMITRI. "On the Possibility of Kantian Retributivism." Utilitas 21, no. 3 (2009): 276–96. http://dx.doi.org/10.1017/s0953820809990057.

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One of the most potent motivations for retributivist approaches to punishment has been their apparent connection to an ethical background shaped by the Kantian notion of morally autonomous and rational human agency. The present article challenges the plausibility of this connection. I argue that retributivism subverts, rather than embodies, the normative consequences of moral autonomy, justifying a social practice that conflicts with the considered judgments that the proper recognition of moral autonomy would authorize. The core of my case is the analysis of whether a punishment should be unde

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10

Clark, Michael. "Retribution and Organic Unities." Journal of Moral Philosophy 3, no. 3 (2006): 351–58. http://dx.doi.org/10.1177/1740468106071231.

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AbstractG.E. Moore argued that his principle of organic unities, according to which the value of a whole is to be distinguished from the value of the sum of its parts, is consistent with a retributivist view of punishment: both crime and punishment are intrinsic evils but the combination of the crime with the punishment of its perpetrator is less bad in itself than the crime unpunished. Moore’s principle excludes any form of retributivism that regards the punishment of a guilty person as an intrinsic good. Jonathan Dancy offers a different account of such unities on which, pace Moore, value do

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11

Jacobs, Jonathan. "Luck and Retribution." Philosophy 74, no. 4 (1999): 535–55. http://dx.doi.org/10.1017/s0031819199000662.

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The main claims are the following. (1) If we keep before us the distinction between the justification of punishment and its aims, we see that retribution is not an aim of punishment, and that there is a central place for retributivist considerations in the justification of punishment. (2) Justifications based upon aims or consequentialist considerations suffer from a serious epistemic vulnerability not shared by retributivism. (3) There are ethically sound sentiments that underwrite retributivist justification, and it would be a mistake to redeploy those sentiments. (4) The ethical authority o

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12

McKenna, Michael. "Wimpy Retributivism and the Promise of Moral Influence Theorists." Monist 104, no. 4 (2021): 510–25. http://dx.doi.org/10.1093/monist/onab016.

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Abstract Wimpy retributivism finds reasons to refrain from giving the blameworthy and culpable what they deserve, even if it comes to very little. These reasons have to do with the moral hazards of being mistaken about when harsh treatment is justified. A moral influence theory can help supplement retributivist reasons with further consequentialist considerations and thereby keep these skeptical worries in check.

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13

Bülow, William. "Retributivism and the Use of Imprisonment as the Ultimate Back-up Sanction." Canadian Journal of Law & Jurisprudence 32, no. 02 (2019): 285–303. http://dx.doi.org/10.1017/cjlj.2019.16.

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AbstractImprisonment is often said to be the ultimate back-up sanction for offenders who do not abide by their non-custodial sentence. From a standard consequentialist perspective this is morally justified, if it is a cost-effective means to crime prevention. In contrast, the use of imprisonment as a back-up is much harder to justify from retributivist perspectives, with their emphasis on just desert or deserved censure. The crux is this: if the reason for a non-custodial sentence is that a prison sentence risks being a disproportionate or inappropriate sanction, retributivists need to explain

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14

Lenta, Patrick. "AMNESTY AND RETRIBUTION." Public Affairs Quarterly 32, no. 2 (2018): 119–40. http://dx.doi.org/10.2307/26909987.

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Abstract This paper addresses the relationship between amnesty granted to perpetrators of serious human rights abuses and retributivism. It rebuts arguments advanced by Dan Markel and Lucy Allais in support of their claim that the granting of conditional amnesty—amnesty in exchange for perpetrators’ confessing to, and disclosing the details of, their wrongdoing—by the South African Truth and Reconciliation Commission (TRC) was consistent with retributivism. Markel contends that conditional amnesty was perfectly in line with recipients’ desert, while Allais submits that the TRC secured as much

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15

Strauß, Sophie, and Rebecca Bondü. "Who May Punish How?" Zeitschrift für Psychologie 230, no. 2 (2022): 174–84. http://dx.doi.org/10.1027/2151-2604/a000463.

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Abstract. According to the intuitive retributivism hypothesis, individuals favor retributivist (getting even) over consequentialist (prevention of norm transgressions) motives when asked to rate the appropriateness of punishment responses representing these motives. This hypothesis has rarely been tested in children; restorative motives (norm clarification, settlement) and potentially influencing variables have rarely been considered. We had 170 elementary school children ( M = 9.26, SD = 1.01) rate the appropriateness of six punishment responses by themselves and teachers for two types of nor

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16

Husak, Douglas. "Holistic Retributivism." California Law Review 88, no. 3 (2000): 991. http://dx.doi.org/10.2307/3481203.

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17

Ten, C. L. "Positive Retributivism." Social Philosophy and Policy 7, no. 2 (1990): 194–208. http://dx.doi.org/10.1017/s0265052500000820.

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One dark and rainy night, Yuso sexually assaults and tortures Zelan. In escaping from the scene of his crime, he falls heavily and becomes an impotent paraplegic. Instead of treating his fate as divine retribution for his wicked acts, Yuso sees it as sheer bad luck. He shows no remorse for what he has done, and vainly hopes that he will recover his powers, which he now treats as involuntarily hoarded resources to be used on less rainy days. In the presence of others, he pretends that he has turned over a new leaf. He asks for religious and educational books, hoping (he tells everyone) to make

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18

Molander, Joakim. "Atonement Retributivism." Studia Theologica - Nordic Journal of Theology 63, no. 2 (2009): 178–96. http://dx.doi.org/10.1080/00393380903351071.

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19

Eva, Richard R. "Multilateral Retributivism." Stance: an international undergraduate philosophy journal 8, no. 1 (2015): 65–70. http://dx.doi.org/10.33043/s.8.1.65-70.

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In this paper I argue for a theory of punishment I call Multilateral Retributivism. Typically retributive notions of justice are unilateral: focused on one person’s desert. I argue that our notions of desert are multilateral: multiple people are owed when a moral crime is committed. I argue that the purpose of punishment is communication with the end-goal of reconciling the offender to society. This leads me to conclude that the death penalty and life without parole are unjustified because they necessarily cut communication short.

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20

Eva, Richard R. "Multilateral Retributivism." Stance: An International Undergraduate Philosophy Journal 8 (2015): 65–70. http://dx.doi.org/10.5840/stance201587.

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21

Hanna, Nathan. "Retributivism revisited." Philosophical Studies 167, no. 2 (2013): 473–84. http://dx.doi.org/10.1007/s11098-013-0103-0.

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22

Berman, Mitchell N. "Rehabilitating Retributivism." Law and Philosophy 32, no. 1 (2012): 83–108. http://dx.doi.org/10.1007/s10982-012-9146-1.

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23

Dimock, Susan. "Retributivism and Trust." Law and Philosophy 16, no. 1 (1997): 37. http://dx.doi.org/10.2307/3504818.

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24

Shafer-Landau, Russ. "Retributivism and Desert." Pacific Philosophical Quarterly 81, no. 2 (2000): 189–214. http://dx.doi.org/10.1111/1468-0114.00102.

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25

Lippke, Richard L. "Victim-Centered Retributivism." Pacific Philosophical Quarterly 84, no. 2 (2003): 127–45. http://dx.doi.org/10.1111/1468-0114.00166.

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26

Husak, Douglas. "Retributivism In Extremis." Law and Philosophy 32, no. 1 (2012): 3–31. http://dx.doi.org/10.1007/s10982-012-9145-2.

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27

Seregin, Andrei V. "Against metaphysical retributivism." Philosophy Journal, no. 3 (2021): 5–19. http://dx.doi.org/10.21146/2072-0726-2021-14-1-5-19.

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The paper offers an argument against metaphysical retributivism, i.e. the belief that the existence of physical evil (suffering) can be causally explained and normatively justified by being interpreted as a just punishment for the moral evil committed by those who suffer. First, the author introduces a disjunctive distinction between the humanistic and the non-humanistic normative theories of moral good and evil. Then, he justifies his anti-retributivist thesis with regard to both of these alternatives. The humanistic theories, according to which an activity can only be morally evil due to t

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28

Hallich, Oliver. "Strafe als Vergeltung: Plädoyer für einen hermeneutischen Retributivismus." Zeitschrift für philosophische Forschung 75, no. 3 (2021): 383–405. http://dx.doi.org/10.3196/004433021833548688.

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Retributivism is usually taken to be a theory of the justification of punishment. In this contribution, I develop an alternative understanding of retributivism. Rather than as a theory of the justification of punishment, I propose to regard it as a hermeneutic theory, i.e.a theory about how we understand (some) punishments. I start with an explanation of what "hermeneutical retributivism" is (1). In what follows, I examine the ramifications of this view (2). It leads to a different assessment of the relation between retributive theories and prevention theories (2.1) and of the relation between

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29

Nadelhoffer, Thomas, Saeideh Heshmati, Deanna Kaplan, and Shaun Nichols. "FOLK RETRIBUTIVISM AND THE COMMUNICATION CONFOUND." Economics and Philosophy 29, no. 2 (2013): 235–61. http://dx.doi.org/10.1017/s0266267113000217.

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Retributivist accounts of punishment maintain that it is right to punish wrongdoers, even if the punishment has no future benefits. Research in experimental economics indicates that people are willing to pay to punish defectors. A complementary line of work in social psychology suggests that people think that it is right to punish wrongdoers. This work suggests that people are retributivists about punishment. However, all of the extant work contains an important potential confound. The target of the punishment is expected to be aware of the punitive act. Thus, it's possible that people punish

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30

Lippke, Richard L. "Retributivism and Plea Bargaining." Criminal Justice Ethics 25, no. 2 (2006): 3–16. http://dx.doi.org/10.1080/0731129x.2006.9992198.

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31

Brink, David O. "Retributivism and Legal Moralism." Ratio Juris 25, no. 4 (2012): 496–512. http://dx.doi.org/10.1111/j.1467-9337.2012.00524.x.

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32

Kershnar, Stephen. "A Defense of Retributivism." International Journal of Applied Philosophy 14, no. 1 (2000): 97–117. http://dx.doi.org/10.5840/ijap20001416.

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33

Lippke, Richard L. "Retributivism and Victim Compensation." Social Theory and Practice 46, no. 2 (2020): 317–38. http://dx.doi.org/10.5840/soctheorpract202033187.

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Given the desert-centric character of retributive penal theory, it seems odd that its supporters rarely discuss the undeserved losses and suffering of crime victims and the state’s role in responding to them. This asymmetry in the desert-focus of retributive penal theory is examined and the likely arguments in support of it are found wanting. Particular attention is paid to the claim that offenders, rather than the state, should supply compensation to victims. Also, standard retributive accounts of why the deserving should be punished are shown to support state-supplied victim compensation.

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34

Dolinko, David. "Some Thoughts About Retributivism." Ethics 101, no. 3 (1991): 537–59. http://dx.doi.org/10.1086/293316.

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35

Whitman, James Q. "A Plea Against Retributivism." Buffalo Criminal Law Review 7, no. 1 (2003): 85–107. http://dx.doi.org/10.1525/nclr.2003.7.1.85.

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36

Duus-Otterström, Göran. "Fairness-Based Retributivism Reconsidered." Criminal Law and Philosophy 11, no. 3 (2015): 481–98. http://dx.doi.org/10.1007/s11572-015-9382-1.

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37

Shafer-Landau, Russ. "The failure of retributivism." Philosophical Studies 82, no. 3 (1996): 289–316. http://dx.doi.org/10.1007/bf00355311.

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38

Brien, Andrew. "Mercy, utilitarianism and retributivism." Philosophia 24, no. 3-4 (1995): 493–521. http://dx.doi.org/10.1007/bf02379975.

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39

Ryberg, Jesper. "Retributivism and Multiple Offending." Res Publica 11, no. 3 (2005): 213–33. http://dx.doi.org/10.1007/s11158-005-3522-8.

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40

Sifferd, Katrina L. "Why not ‘weak’ retributivism?" Journal of Legal Philosophy 46, no. 2 (2021): 138–43. http://dx.doi.org/10.4337/jlp.2021.02.05.

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41

Holmgren, Margaret R. "Retributivism and Current Sentencing Practices." Criminal Justice Ethics 33, no. 1 (2014): 58–69. http://dx.doi.org/10.1080/0731129x.2014.899771.

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42

Kershnar, Stephen. "Mercy, Retributivism, and Harsh Punishment." International Journal of Applied Philosophy 14, no. 2 (2000): 209–24. http://dx.doi.org/10.5840/ijap200014215.

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43

Hanna, Nathan. "Hitting Retributivism Where It Hurts." Criminal Law and Philosophy 13, no. 1 (2018): 109–27. http://dx.doi.org/10.1007/s11572-018-9461-1.

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44

Petersen, Thomas Søbirk. "(Neuro)predictions, Dangerousness, and Retributivism." Journal of Ethics 18, no. 2 (2014): 137–51. http://dx.doi.org/10.1007/s10892-014-9167-0.

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45

Clarke, Randolph. "Moral Responsibility, Guilt, and Retributivism." Journal of Ethics 20, no. 1-3 (2016): 121–37. http://dx.doi.org/10.1007/s10892-016-9228-7.

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46

Andrei SEREGIN. "The Case Against Metaphysical Retributivism." Social Sciences 52, no. 002 (2021): 98–110. http://dx.doi.org/10.21557/ssc.68515152.

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47

Yamamoto, Susan, and Evelyn M. Maeder. "Creating the Punishment Orientation Questionnaire: An Item Response Theory Approach." Personality and Social Psychology Bulletin 45, no. 8 (2019): 1283–94. http://dx.doi.org/10.1177/0146167218818485.

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The purpose of these studies was to examine the principles people engage in when thinking about punishment, using a new measure (the Punishment Orientation Questionnaire [POQ]). Although traditional conceptualizations of punishment divide it into utilitarianism (e.g., deterrence) and retributivism (“eye for an eye”), we argue that a more useful metric of lay attitudes concerns orientation toward or away from punishment. After pilot testing and factor analysis, we used item response theory to assess four scales: prohibitive utilitarianism (limiting punishment based on utility), prohibitive retr

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48

Ginter, Jaan. "The Survival of Retributivism in our Modern Knowledge-based World." Juridica International 25 (November 5, 2017): 100. http://dx.doi.org/10.12697/ji.2017.25.11.

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The article discusses the development of theories of punishment in modern, more and more knowledge-based society. Are any changes foreseeable in how we rationalise expending scarce public resources on inflicting grievances on those fellow members of our society who have behaved in a manner not approved by general society? Adherents to retributivism strive to justify criminal punishment by simply referring to the punishment as the consequence that the criminal plainly deserves and stating that there is no need to present any utilitarian justifications for applying punishments. There is already

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49

Howard, Jeffrey W. "Yaffe on Democratic Citizenship and Juvenile Justice." Criminal Law and Philosophy 14, no. 2 (2019): 241–55. http://dx.doi.org/10.1007/s11572-019-09508-6.

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Abstract Why, exactly, should we punish children who commit crimes more leniently than adults who commit the same offenses? Gideon Yaffe thinks it is because they cannot vote, and so the strength of their reasons to obey the law is weaker than if they could. They are thus less culpable when they disobey. This argument invites an obvious objection: why not simply enfranchise children, thereby granting them legal reasons that are the same strength as enfranchised adults, and so permitting similarly severe punishment? Yaffe answers this question by arguing that child enfranchisement would objecti

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50

Budic, Marina. "Kant's retributivism and the death penalty." Theoria, Beograd 60, no. 3 (2017): 130–54. http://dx.doi.org/10.2298/theo1703130b.

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The paper deals with Kant's notion of punishment in general, as well as one specific form of punishment, namely, the death penalty. In the first part of the article we will exmine, Kant's views on punishment as well as an extent to which it is retributive. According to Kant's view, offenders should be punished exclusively for having committed an offense (retribution), and proportionally to the crime commited (ius talionis). In recent literature, there are interpretations that indicate Kant's criminal theory is not completely retributive, but rather combined, so that it contains elements of ret

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