David Bourget (Western Ontario)
David Chalmers (ANU, NYU)
Rafael De Clercq
Ezio Di Nucci
Jack Alan Reynolds
Learn more about PhilPapers
Law and Philosophy 22 (6):561-575 (2003)
Punishment stands in need of justification because it involves intentionally harming offenders. Trust-based retributivists attempt to justify punishment by appeal to the offender’s violation of the victim’s trust, maintaining that the state is entitled to punish offenders as a means of restoring conditions of trust to their pre-offense levels. I argue that trust-based retributivism fails on two counts. First, it entails the permissibility of punishing the legally innocent and fails to justify the punishment of some offenders. Second, it cannot satisfactorily explain why it is morally permissible for the government to intentionally harm offenders.
|Keywords||Law Logic Philosophy of Law Law Theory/Law Philosophy Political Science Social Issues|
|Categories||categorize this paper)|
Setup an account with your affiliations in order to access resources via your University's proxy server
Configure custom proxy (use this if your affiliation does not provide a proxy)
|Through your library|
References found in this work BETA
No references found.
Citations of this work BETA
No citations found.
Similar books and articles
Michael Cholbi (2010). Compulsory Victim Restitution is Punishment: A Reply to Boonin. Public Reason 2 (1):85-93.
C. Bicchieri, E. Xiao & R. Muldoon (2011). Trustworthiness is a Social Norm, but Trusting is Not. Politics, Philosophy and Economics 10 (2):170-187.
Kevin Magill (1998). The Idea of a Justification for Punishment. Critical Review of International Social and Political Philosophy 1 (1):86-101.
Adam J. Kolber (2009). The Comparative Nature of Punishment. Boston University Law Review 89 (5):1565-1608.
Harry Hummels & Hans E. Roosendaal (2001). Trust in Scientific Publishing. Journal of Business Ethics 34 (2):87 - 100.
Mark Coeckelbergh (2012). Can We Trust Robots? Ethics and Information Technology 14 (1):53-60.
Waymond Rodgers (2010). Three Primary Trust Pathways Underlying Ethical Considerations. Journal of Business Ethics 91 (1):83 - 93.
Robert C. Solomon (1998). Creating Trust. Business Ethics Quarterly 8 (2):205-232.
Larry Alexander (1983). Retributivism and the Inadvertent Punishment of the Innocent. Law and Philosophy 2 (2):233 - 246.
Added to index2009-01-28
Total downloads152 ( #24,341 of 1,907,057 )
Recent downloads (6 months)14 ( #45,634 of 1,907,057 )
How can I increase my downloads?