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    LoyalLoyalJusticeJustice
    Made withinDC&Austin
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    321,452
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    108,905
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    42
    Hybrid accounts of punishment may be subject to some of t... — Carmelics
    Home/Justice & Punishment
    HistoryEditSee Inverse

    Hybrid accounts of punishment may be subject to some of the same objections raised against pure versions of consequentialism or retributivism.

    Justice & Punishment
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    1 reason for
    2 reasons against

    Reasons For

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    Reason for
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    • Hybrid accounts incorporate both consequentialist and retributivist elements.
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    Reasons Against

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    Reason against 1 of 2
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    • 1.Hybrid accounts are specifically designed to be constrained by retributive limits while guided by consequentialist aims, neutralizing pure-theory objections.
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    • 2.H.L.A. Hart's influential distinction between the 'general justifying aim' and 'principles of distribution' shows hybrid theories can assign each framework a distinct, non-conflicting role.
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    • 3.An objection that applies to a component theory only transfers to the hybrid if the hybrid replicates the structural feature that generates the original objection.
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    Reason against 2 of 2
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    • 1.The objections leveled at pure consequentialism (e.g., punishing the innocent) and pure retributivism (e.g., pointless suffering) arise precisely from the absence of corrective constraints the other theory provides.
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    • 2.A hybrid account that incorporates retributive side-constraints preemptively blocks consequentialist overreach, making the transferred objection logically inapplicable rather than merely mitigated.
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    Justice & Punishment

    Related

    A hybrid account that incorporates retributive side-constraints preemptively blo...An objection that applies to a component theory only transfers to the hybrid if ...H.L.A. Hart's influential distinction between the 'general justifying aim' and '...Hybrid accounts are specifically designed to be constrained by retributive limit...
    +2 moreShow less
    Hybrid accounts incorporate both consequentialist and retributivist elements.The objections leveled at pure consequentialism (e.g., punishing the innocent) a...

    Similar

    A purely consequentialist account of punishment can lead to injustices...86%The argument that retributivism justifies punishment better than conse...86%For both, a full justification of punishment will be 'mixed', appealin...85%A purely consequentialist account of punishment is inadequate.85%

    Source

    AI-extracted
    SEP: legal-punishment
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    In consequentialist terms, punishment will be justified if it is an effective means of achieiving its aim, if its benefits outweigh its costs, and if there is no less burdensome means of achieving the same aim. It is a contingent question whether punishment can satisfy these conditions, and some objections to punishment rest on the empirical claim that it cannot — that there are more effective and less burdensome methods of crime reduction (see Wootton 1963; Menninger 1968; Golash 2005: chs. 2 and 8; Boonin 2008: 53, 264-67). Our focus here, however, will be on the moral objections to conseque...

    Details

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