David Bourget (Western Ontario)
David Chalmers (ANU, NYU)
Rafael De Clercq
Jack Alan Reynolds
Learn more about PhilPapers
In Pedro Tabensky (ed.), Judging and Understanding: Essays on Free Will, Narrative, Meaning and the Ethical Limits of Condemnation. Ashgate 221-40 (2006)
Thaddeus Metz defends the retributive theory of punishment against challenges mounted by some of the contributors to this collection (Kai Nielsen, Brian Penrose, Samantha Vice, Pedro Tabensky and Marc Fellman). People, he thinks, ought to be censured in a way that is proportional to what they have done and for which they are responsible. Understanding does not conflict with judging. On the contrary, according to him, the more we understand, the better we are able to censure appropriately. Metz’s argument is Kantian insofar as he argues that ‘respect for persons [victims, responsible wrongdoers and the community at large] requires condemning people proportionately to their responsible wrongdoing and hence that understanding a person merely indicates what would be proportionate, not that proportionality is unjustified’. His reason for thinking that Kantian respect requires retribution is that, as in non-retributive cases such as economic justice, compensatory justice, and justice in healthcare rationing, it requires imposing burdens on persons consequent to an awareness of their responsible choices. To use his slogan, ‘judging is apt because of understanding’.
|Keywords||No keywords specified (fix it)|
|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
Thaddeus Metz (2009). Censure Theory Still Best Accounts for Punishment of the Guilty: Reply to Montague. Philosophia 37 (1):113-23.
Phillip Montague (2009). Revisiting the Censure Theory of Punishment. Philosophia 37 (1):125-131.
Greg Roebuck & David Wood (2011). A Retributive Argument Against Punishment. Criminal Law and Philosophy 5 (1):73-86.
Pedro Tabensky (ed.) (2006). Judging and Understanding: Essays on Free Will, Narrative, Meaning and the Ethical Limits of Condemnation. Ashgate Pub Co.
Thaddeus Metz (2002). Realism and the Censure Theory of Punishment. In Patricia Smith & Paolo Comanducci (eds.), Legal Philosophy: General Aspects. Franz Steiner Verlag 117-29.
Lene Bomann-Larsen (2009). Revisionism and Desert. Criminal Law and Philosophy 4 (1):1-16.
Thaddeus Metz (2000). Censure Theory and Intuitions About Punishment. Law and Philosophy 19 (4):491-512.
Thaddeus Metz (2008). Respect for Persons Permits Prioritizing Treatment for Hiv/Aids. Developing World Bioethics 8 (2):89-103.
Oliver D. Crisp (2003). Divine Retribution: A Defence. Sophia 42 (2):35-52.
Saul Smilansky (2006). Control, Desert and the Difference Between Distributive and Retributive Justice. Philosophical Studies 131 (3):511 - 524.
Thom Brooks (2005). Kantian Punishment and Retributivism: A Reply to Clark. Ratio 18 (2):237–245.
Brian Rosebury (2011). Moore's Moral Facts and the Gap in the Retributive Theory. Criminal Law and Philosophy 5 (3):361-376.
Jules Holroyd (2010). The Retributive Emotions: Passions and Pains of Punishment. Philosophical Papers 39 (3):343-371.
Christopher Bennett (2008). The Apology Ritual: A Philosophical Theory of Punishment. Cambridge University Press.
Thaddeus Metz (2004). Open Perfectionism and Global Justice. Theoria 51 (104):96-127.
Added to index2011-02-01
Total downloads14 ( #170,159 of 1,699,546 )
Recent downloads (6 months)1 ( #362,609 of 1,699,546 )
How can I increase my downloads?