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Any quest for the justification of retributive justice mu... — Carmelics

Home/Justice & Punishment

History Edit See Inverse

Any quest for the justification of retributive justice must start with the thought that the core of the concept is deserved punishment, not debt repayment.

Justice & Punishment

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1 reason for

2 reasons against

Reasons For

1 perspective

Reason for

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1.The concept of retributive justice has evolved.
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2.The core of the concept of retributive justice is no longer debt repayment but deserved punishment.
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Reasons Against

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Reason against 1 of 2

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1.Herbert Morris's influential 1968 'Persons and Punishment' grounds retributive desert itself in the unfair advantage offenders take over law-abiding citizens, making debt repayment conceptually prior to desert.
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2.If desert is derivative of a prior debt-like imbalance in the distribution of burdens and benefits, then debt repayment is not a rival to deserved punishment but its justificatory foundation.
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3.A justification of retributive justice that excludes debt repayment as foundational therefore rests on a false dichotomy between two concepts that are actually hierarchically related.
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Reason against 2 of 2

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1.Aristotle's corrective justice in Nicomachean Ethics V grounds punishment in restoring an equalized balance, structurally identical to debt repayment.
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2.If the oldest and most systematic philosophical account of punishment is debt-based, the claim that 'core' retributivism centers on desert requires defeating that historical foundation, not stipulating past it.
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Justice & Punishment

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A justification of retributive justice that excludes debt repayment as foundatio...Aristotle's corrective justice in Nicomachean Ethics V grounds punishment in res...Herbert Morris's influential 1968 'Persons and Punishment' grounds retributive d...If desert is derivative of a prior debt-like imbalance in the distribution of bu...

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If the oldest and most systematic philosophical account of punishment is debt-ba...The concept of retributive justice has evolved.The core of the concept of retributive justice is no longer debt repayment but d...

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The core of the concept of retributive justice is no longer debt repay...95%There is reason to continue to take the notion of retributive justice,...85%The notion of retributive justice would be on sounder footing if the f...83%Under retributivism, punishment is appropriate only if it is deserved82%

Source

AI-extracted

SEP: justice-retributive

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The concept of retributive justice has been used in a variety of ways, but it is best understood as that form of justice committed to the following three principles:

Details

Type: claim
Perspectives: 3 (1 for, 2 against)
Edits: 1 edit