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    LoyalLoyalJusticeJustice
    Made withinDC&Austin
    This moral-debt version of retributivism faces significan... — Carmelics
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    Home/Justice & Punishment
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    This moral-debt version of retributivism faces significant challenges.

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

    Reasons For

    2 perspectives
    Reason for 1 of 2
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    • 1.Morris (1968) grounds retributive debt in unfair advantage: crime gives offenders benefits of norm-breaking others forgo, creating a measurable imbalance.
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    • 2.Punishment restores fairness by removing this advantage, but this redistribution targets the offender's standing, not any good actually taken from the victim.
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    • 3.The victim-creditor role is therefore conceptually incoherent: debts owed to 'society' cannot simultaneously constitute debts owed to specific harmed individuals.
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    Reason for 2 of 2
    ?
    • 1.Metaphors of moral debt require fungibility: one must be able to transfer, quantify, and discharge the relevant good, but suffering is not fungible across persons.
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    • 2.Nozick's retributive 'connection to correct values' framework shows punishment communicates normative correction, not transactional debt repayment to a creditor.
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    • 3.If punishment's justifying function is communicative rather than transactional, the moral-debt model misidentifies punishment's structure and collapses into expressivist theory.
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    Reasons Against

    1 perspective
    Reason against
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    • 1.It is unclear what the nature of the moral good is.
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    • 2.It is unclear how the offender takes this moral good from the victim.
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    • 3.It is unclear how punishment denies this good to the offender.
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    Justice & Punishment

    Related

    If punishment's justifying function is communicative rather than transactional, ...It is unclear how denying this good thereby pays the offender's debt to the vict...It is unclear how punishment denies this good to the offender.It is unclear how the offender takes this moral good from the victim.
    +6 moreShow less
    It is unclear what the nature of the moral good is.Metaphors of moral debt require fungibility: one must be able to transfer, quant...Morris (1968) grounds retributive debt in unfair advantage: crime gives offender...Nozick's retributive 'connection to correct values' framework shows punishment c...Punishment restores fairness by removing this advantage, but this redistribution...The victim-creditor role is therefore conceptually incoherent: debts owed to 'so...

    Similar

    Negative retributivism is problematic.83%Negative retributivism is framed as the view that it is impermissible ...78%Negative retributivism, as standardly framed, contains a contradiction...77%Any quest for the justification of retributive justice must start with...77%

    Source

    AI-extracted
    SEP: legal-punishment

    Details

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