Deserving Blame, and Sometimes Punishment

Criminal Law and Philosophy 18 (1):133-150 (2023)
  Copy   BIBTEX

Abstract

Michael S. Moore is a whole-hearted retributivist. The triumph of Mechanical Choices is that Moore provides a thoroughly physicalist, reductionist-friendly, compatibilist account of the features that make persons deserving of blame and punishment. Many who embrace scientific accounts of psychology worry that from this perspective the grounds for desert disappear; but Moore argues that folk psychological accounts of responsibility—such as those found in the criminal law—are either vindicated or not implicated by science. Moore claims that criminal punishment can be justified by looking solely to moral desert, couched in folk terms. In this paper I argue that interpersonal blame and punishment and criminal blame and punishment hold people responsible in the same sense, and that directed moral blame in both forms aim to communicate something to the wrongdoer and generate a backward-looking or retributive good. However, contra Moore, I will argue that instrumental aims are also important to justifying methods and degree of punishment within both realms.

Other Versions

No versions found

Links

PhilArchive

    This entry is not archived by us. If you are the author and have permission from the publisher, we recommend that you archive it. Many publishers automatically grant permission to authors to archive pre-prints. By uploading a copy of your work, you will enable us to better index it, making it easier to find.

    Upload a copy of this work     Papers currently archived: 103,748

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

Rights Forfeiture and Punishment.Christopher Heath Wellman - 2016 - Oxford, UK: Oxford University Press.
Criminal Blame, Exclusion and Moral Dialogue.Costanza Porro - 2021 - Criminal Law and Philosophy 15 (2):223-235.
Extending the Limits of Blame.D. Justin Coates - 2020 - Criminal Law and Philosophy 15 (2):207-215.
Hitting Retributivism Where It Hurts.Nathan Hanna - 2019 - Criminal Law and Philosophy 13 (1):109-127.
Blame and the Criminal Law.David Lefkowitz - 2015 - Jurisprudence 6 (3):451-469.
Michael Moore. Placing Blame: A General Theory of the Criminal Law.A. Duff - 1998 - Journal of Applied Philosophy 15 (3):305-307.

Analytics

Added to PP
2023-03-21

Downloads
103 (#215,232)

6 months
18 (#159,077)

Historical graph of downloads
How can I increase my downloads?

Author's Profile

Katrina L. Sifferd
Elmhurst University

References found in this work

Two faces of responsibility.Gary Watson - 1996 - Philosophical Topics 24 (2):227–48.
Fairness and the Architecture of Responsibility.David Brink & Dana Nelkin - 2013 - Oxford Studies in Agency and Responsibility 1:284-313.
Basically Deserved Blame and its Value.Michael McKenna - 2019 - Journal of Ethics and Social Philosophy 15 (3).
Building a better theory of responsibility.Victoria McGeer - 2015 - Philosophical Studies 172 (10):2635-2649.
Accountability and Desert.Dana Kay Nelkin - 2016 - The Journal of Ethics 20 (1-3):173-189.

View all 11 references / Add more references