Abstract

Those of us who appreciate the force of both retributive and consequentialist rationales for the justification of punishment should be sympathetic to efforts to combine them, so as to develop a more compelling justificatory scheme. In this chapter, however, Zaibert argues that extant mixed justifications have failed in coherently combining these rationales. He attempts to explain this failure by identifying two widespread and interrelated mistakes made by punishment theorists. First, they have systematically underestimated the difficulty of their task. Second, they have not availed themselves of certain tools that recent developments in other areas of moral philosophy provide, which Zaibert considers necessary for real progress in our efforts to justify punishment.