Law and Philosophy 32 (1):83-108 (2013)
|Abstract||This review essay of Victor Tadros’s new book, “The Ends of Harm: The Moral Foundations of Criminal Law,” responds to Tadros’s energetic and sophisticated attacks on retributivist justifications for criminal punishment. I argue, in a nutshell, that those attacks fail. In defending retributivism, however, I also sketch original views on two questions that retributivism must address but that many or most retributivists have skated past. First, what do wrongdoers deserve – to suffer? to be punished? something else? Second, what does it mean for them to deserve it? That is, what is the normative force or significance of valid desert claims, either with respect to retributivist desert in particular or with respect to all forms of desert? Because the answers that this essay offers are preliminary, the essay also serves as a partial blueprint for further work by criminal law theorists with retributivist sympathies|
|Keywords||No keywords specified (fix it)|
|Through your library||Configure|
Similar books and articles
George Schedler (2011). Retributivism and Fallible Systems of Punishment. Criminal Justice Ethics 30 (3):240-266.
J. Angelo Corlett (2001). Making Sense of Retributivism. Philosophy 76 (1):77-110.
Benjamin Vilhauer (2013). Persons, Punishment, and Free Will Skepticism. Philosophical Studies 162 (2):143-163.
Nathan Hanna (2008). Say What? A Critique of Expressive Retributivism. Law and Philosophy 27 (2):123-150.
Douglas Husak (2013). Retributivism In Extremis. Law and Philosophy 32 (1):3-31.
Nathan Hanna (forthcoming). Retributivism Revisited. Philosophical Studies.
Jami L. Anderson (1997). Reciprocity as a Justification for Retributivism. Criminal Justice Ethics 16 (1):13-25.
Kasper Lippert-Rasmussen (forthcoming). 'To Serve and Protect': The Ends of Harm by Victor Tadros. Criminal Law and Philosophy:1-23.
J. Angelo Corlett (2003). Making More Sense of Retributivism: Desert as Responsibility and Proportionality. Philosophy 78 (2):279-287.
Leo Zaibert (2013). The Instruments of Abolition, or Why Retributivism is the Only Real Justification of Punishment. Law and Philosophy 32 (1):33-58.
Nathan Hanna (2013). Two Claims About Desert. Pacific Philosophical Quarterly 93 (4):41-56.
Thom Brooks (2004). Retributivist Arguments Against Capital Punishment. Journal of Social Philosophy 35 (2):188–197.
Jami L. Anderson (1999). Annulment Retributivism: A Hegelian Theory of Punishment. Cambridge University Press 5 (4):363-388.
Jane Johnson (2008). Revisiting Kantian Retributivism to Construct a Justification of Punishment. Criminal Law and Philosophy 2 (3):291-307.
Jami L. Anderson (1999). A Hegelian Theory of Punishment. Legal Theory 5 (4):363-388.
Added to index2012-10-02
Total downloads4 ( #178,585 of 549,067 )
Recent downloads (6 months)1 ( #63,185 of 549,067 )
How can I increase my downloads?