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It is not the case that The only plausible justification for the costs of criminal punishment is that it has large instrumental benefits in terms of crime prevention.
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Reasons For
2 perspectives
Reason for 1 of 2
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1.
Retributive desert is itself a freestanding moral reason for punishment, not merely an intuition requiring instrumental backing.
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2.
Kant, Moore, and Husak himself elsewhere argue that punishing the guilty is intrinsically required by respect for persons as rational agents.
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3.
If desert grounds an obligation rather than merely a permission to punish, instrumental benefits become sufficient but not necessary for justification.
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Reason for 2 of 2
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1.
Expressive and communicative theories justify punishment as moral address to the offender, independent of deterrent consequences.
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2.
Duff's Penance account and Feinberg's expressivism show punishment can be justified by its meaning rather than its causal effects on crime rates.
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3.
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 Against
1 perspective
Reason against
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1.
Criminal punishment imposes significant costs.
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2.
It is implausible that these costs can be justified simply by the importance of punishing wrongdoers as they deserve to be punished.
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