Deserved punishment

Law and Philosophy 8 (2):263 - 277 (1989)
Abstract
The essay contrasts the thesis that deserved punishment is punishment which, as deserved, is obligatory with the weaker thesis that it is punishment which, as deserved, is permissible. The author first outlines an account of the meaning of desert-claims which entails only the weaker thesis and then defends this account against criticisms levied in a recent article that it is ambiguous, cannot explain the moral significance of desert, justifies letting people profit from their crimes, and permits unequal treatment. The essay proceeds to a critique of George Sher's view of deserved punishment, faulting Sher for: (1) his reliance on an implausible understanding of benefits, (2) his inability to justify the punishment of crime-victims for their own crimes, and (3) the inadequacy of his defense of mercy. Finally, the author sketches a role-centered conception of morality within which it becomes clearer how deserved punishment can be justified as the victim's ties to the criminal, and the role-responsibilities derivative therefrom, are vitiated by the latter's misdeeds.
Keywords No keywords specified (fix it)
Categories (categorize this paper)
DOI 10.1007/BF00160014
Options
 Save to my reading list
Follow the author(s)
My bibliography
Export citation
Find it on Scholar
Edit this record
Mark as duplicate
Revision history
Request removal from index
Download options
Our Archive


Upload a copy of this paper     Check publisher's policy     Papers currently archived: 26,150
Through your library
References found in this work BETA

No references found.

Add more references

Citations of this work BETA

Add more citations

Similar books and articles
Quinn on Punishment and Using Persons as Means.Michael Otsuka - 1996 - Law and Philosophy 15 (2):201 - 208.
Objections to the Systematic Imposition of Punitive Torture.Stephen Kershnar - 1999 - International Journal of Applied Philosophy 13 (1):47-56.
The Rights of the Guilty.Corey Brettschneider - 2007 - Political Theory 35 (2):175-199.
Giving Capitalists Their Due.Stephen Kershnar - 2005 - Economics and Philosophy 21 (1):65-87.
The Fitting, the Deserving, and the Beautiful.Leo Zaibert - 2006 - Journal of Moral Philosophy 3 (3):331-350.
Punishment: Consequentialism.David Wood - 2010 - Philosophy Compass 5 (6):455-469.

Monthly downloads

Added to index

2009-01-28

Total downloads

16 ( #292,318 of 2,152,226 )

Recent downloads (6 months)

1 ( #399,478 of 2,152,226 )

How can I increase my downloads?

My notes
Sign in to use this feature


Discussion
Order:
There  are no threads in this forum
Nothing in this forum yet.

Other forums