By J. Angelo Corlett
A provocative and lucid safeguard of retributivism opposed to a number of long-standing criticisms. the writer explores the problem of reparations for earlier wrongs when it comes to crimes devoted opposed to local americans through the USA govt. Unequaled in its intensity and scope of dialogue the publication delves deeply into specific matters with retributivism, accountability, and sure components of repayment.
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Extra resources for Responsibility and Punishment (Library of Ethics and Applied Philosophy)
Sample text
24 By a utilitarian view of punishment, Rawls means the view that On the principle that bygones are bygones and that only future consequences are material to present decisions, punishment is justifiable by reference to the probable consequences of maintaining it as one of the devices of the social order. . 25 These are the respective views on punishment that Rawls seeks to reconcile. , responsibility and proportionality-based. However, whereas Rawls’ notion of retributive proportionality is grounded in the “depravity” of the criminal’s act, my version of retributive punishment concerns proportional punishment based on the harm 24 Rawls, Collected Papers, pp.
27. 40 Rawls does not provide us with an adequate reason to think that utilitarianism is immune from the objection that it sometimes permits or requires (for purposes of social utility maximization) the “punishment” of the innocent. In sum, utilitarian theories of punishment are problematic insofar as they rely on justifications of particular forms of punishment that are deterrent or reformatory in nature: Suppose it could be shown that a particular criminal had not been improved by a punishment and also that no other wouldbe criminal had been deterred by it, would that prove that the punishment was unjust?
Perhaps one of the next stages in the already philosophically rich area of moral responsibility theory is not only to extend the discussion to matters of collective concern, but to incorporate more fully the epistemic condition of responsibility in order to account more comprehensively for the full range of the nature of moral (and, it turns out, legal) responsibility. There is quite a rich philosophical tradition in epistemology the analyses of 38 Keith Lehrer, Metamind (Oxford: Oxford University Press, 1990).
