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    LoyalLoyalJusticeJustice
    Made withinDC&Austin
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    Retributivism has a consequentialist element. — Carmelics
    Home/Justice & Punishment
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    Retributivism has a consequentialist element.

    Justice & Punishment
    ?Rate how convincing each reason is below to see the overall strength.
    1 reason for
    2 reasons against

    Reasons For

    1 perspective
    Reason for
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    • 1.Retributivism holds that it is intrinsically good if a legitimate punisher punishes the guilty.
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    • 2.This good has to be weighed against other possible goods to decide what it would be best to do.
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    Reasons Against

    2 perspectives
    Reason against 1 of 2
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    • 1.Pure retributivism, as articulated by Kant, holds that punishment is a categorical duty owed to the guilty, not a good to be weighed against others.
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    • 2.If punishment were subject to consequentialist weighing, a sufficiently large benefit could justify not punishing the guilty, which Kant explicitly rejects.
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    • 3.A theory that admits overriding by aggregate goods is not retributivism but a hybrid theory, making the claim a category error about retributivism's identity.
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    Reason against 2 of 2
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    • 1.Michael Moore's agent-relative retributivism grounds punishment in the wrongdoer's desert as a side-constraint, not as a value to be maximized or traded off.
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    • 2.Side-constraint structures, as Nozick distinguished, are logically incompatible with consequentialist weighing because they forbid aggregation across persons.
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    • 3.Describing a side-constraint theory as having a consequentialist element misrepresents the deontological architecture that defines retributivism's normative force.
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    Justice & Punishment

    Related

    A theory that admits overriding by aggregate goods is not retributivism but a hy...Describing a side-constraint theory as having a consequentialist element misrepr...If punishment were subject to consequentialist weighing, a sufficiently large be...Michael Moore's agent-relative retributivism grounds punishment in the wrongdoer...
    +4 moreShow less
    Pure retributivism, as articulated by Kant, holds that punishment is a categoric...Retributivism holds that it is intrinsically good if a legitimate punisher punis...Side-constraint structures, as Nozick distinguished, are logically incompatible ...This good has to be weighed against other possible goods to decide what it would...

    Similar

    The move to invoke consequentialist considerations may be too quick.81%There must be nonconsequentialist constraining principles that do not ...80%Hybrid accounts incorporate both consequentialist and retributivist el...78%Non-consequentialist theories that include prohibition dilemmas are im...75%

    Source

    AI-extracted
    SEP: justice-retributive
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    Not only is retributivism in that way intuitively appealing, the primary alternative, consequentialist theories of punishment that focus on deterrence and incapacitation, seem to confront a deep problem. They have difficulty explaining a core and intuitively compelling feature of retributivism, namely the widely shared sense that it is always or nearly always impermissible both to inflict punishment on those who have done no wrong and to inflict disproportionately large punishments on those who have done some wrong. (Some respond to this point by adopting a mixed theory, according to which ret...

    Details

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