Retributivism and the inadvertent punishment of the innocent

Law and Philosophy 2 (2):233 - 246 (1983)
  Copy   BIBTEX

Abstract

Retributivism is generally thought to forbid the punishment of the innocent, even if such punishment would produce otherwise good results, such as deterrence. It has recently been argued that because capital punishment always entails the risk of executing an innocent person, instituting capital punishment is tantamount to intentionally taking innocent lives and therefore cannot be justified on retributive grounds. I argue that there are several versions of retributivism, only one of which might categorically forbid risking punishing innocent persons. I also argue that our moral practices reveal either that we do not hold this particular version of retributivism, or that we reject equating risking punishing the innocent with intentionally doing so. *** DIRECT SUPPORT *** A9102008 00005.

Other Versions

No versions found

Links

PhilArchive



    Upload a copy of this work     Papers currently archived: 103,486

External links

Setup an account with your affiliations in order to access resources via your University's proxy server

Through your library

Similar books and articles

The Failure of Trust-Based Retributivism.Daniel Korman - 2003 - Law and Philosophy 22 (6):561-575.
Retributivism and Fallible Systems of Punishment.George Schedler - 2011 - Criminal Justice Ethics 30 (3):240-266.
Executing the Innocent.Elizabeth A. Linehan - 1998 - The Paideia Archive: Twentieth World Congress of Philosophy 7:21-26.
Punishing the Guilty, Not Punishing the Innocent.Richard Lippke - 2010 - Journal of Moral Philosophy 7 (4):462-488.
Some Surprising Implications of Negative Retributivism.Richard L. Lippke - 2013 - Journal of Applied Philosophy 31 (1):49-62.
Making sense of retributivism.J. Angelo Corlett - 2001 - Philosophy 76 (1):77-110.
Paternalism as Punishment.David Birks - 2021 - Utilitas 33 (1):35-52.
Retributive parsimony.Richard L. Lippke - 2009 - Res Publica 15 (4):377-395.
Retributivist arguments against capital punishment.Thom Brooks - 2004 - Journal of Social Philosophy 35 (2):188–197.

Analytics

Added to PP
2009-01-28

Downloads
281 (#100,443)

6 months
11 (#246,005)

Historical graph of downloads
How can I increase my downloads?

Author's Profile

References found in this work

No references found.

Add more references