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Inverse View
It is not the case that There is reason to continue to take the notion of retributive justice, and the project of justifying it, seriously.
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Reasons For
2 perspectives
Reason for 1 of 2
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1.
Desert-based justifications presuppose robust libertarian free will, which neuroscience and hard determinism render empirically untenable.
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2.
If agents lack the ultimate sourcehood required for genuine desert, retributive punishment inflicts suffering without morally coherent justification.
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3.
Consequentialist frameworks like Strawsonian reactive attitudes can preserve punishment's legitimacy without metaphysically loaded desert claims.
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Reason for 2 of 2
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1.
Proportionality in retributivism requires commensurability between suffering and wrongdoing, but no principled metric for this equivalence exists.
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2.
Without a coherent cardinal scaling of offense severity to punishment severity, retributivism collapses into intuition-tracking rather than principled justification.
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Reasons Against
1 perspective
Reason against
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1.
The negative desert claim holds that only proportional punishment may be inflicted.
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2.
The positive desert claim holds that proportional punishment is morally deserved and in that sense respectful of the wrongdoer.
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3.
Giving up the idea that morality imposes a proportionality limit on punishment is intuitively difficult.
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