Retributivism In Extremis

Law and Philosophy 32 (1):3-31 (2013)
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Abstract

I defend two objections to Tadros’s views on punishment. First, I allege that his criticisms of retributivism are persuasive only against extreme versions that provide no justificatory place for instrumentalist objectives. His attack fails against a version of retributivism that recognizes a chasm between what offenders deserve and the allthings-considered permissibility of treating offenders as they deserve. Second, I critique Tadros’s duty view – his alternative theory of punishment. Inter alia, I object that he derives principles from highly unusual examples of self-defense he subsequently tries to apply to ordinary cases of punishment.

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2012-08-29

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Douglas Husak
Rutgers - New Brunswick

Citations of this work

Hitting Retributivism Where It Hurts.Nathan Hanna - 2019 - Criminal Law and Philosophy 13 (1):109-127.
Facing the Consequences.Nathan Hanna - 2014 - Criminal Law and Philosophy 8 (3):589-604.
Can the Reasonable Doubt Standard be Justified? A Reconstructed Dialogue.Federico Picinali - 2018 - Canadian Journal of Law and Jurisprudence 31 (2):365-402.

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