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Inverse View
It is not the case that A justification grounded in legitimate censure and moral communication does not collapse into instrumentalism even when crime prevention benefits are marginal.
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Reasons For
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Reason for
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1.
If crime prevention is marginal, punishment causes harm without proportionate justifying benefit, becoming morally arbitrary.
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2.
Expressive functions and moral communication are themselves instrumental—they aim to shape attitudes and social understanding.
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3.
Inflicting suffering solely for communication value, when prevention fails, treats offenders as mere vehicles for public messaging.
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Reasons Against
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Reason against
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1.
Moral communication that expresses legitimate social censure has intrinsic value independent of its causal effects on behavior.
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2.
Punishment justified by expressive condemnation respects offenders as moral agents capable of understanding social meaning.
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3.
A practice avoids instrumentalism when grounded in principles about what wrongdoers deserve, not merely what outcomes it produces.
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