Why Punish the Deserving?

Douglas Husak

in The Philosophy of Criminal Law

Published in print March 2010 | ISBN: 9780199585038
Published online May 2010 | e-ISBN: 9780191723476 | DOI:
 							Why Punish the Deserving?

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This chapter argues that a comprehensive justification for punishing criminals must address why those persons who deserve to be punished should actually be punished by the state, all things considered. Plausible answers to this question reveal deficiencies in pure retributive theories: those that deem consequences to be wholly irrelevant to the justification of punishment. Consequences are material when we explain why the state should punish those who are deserving of punishment.

Keywords: punishment; desert; retributivism; blame; intuitions; deterrence

Chapter.  8819 words. 

Subjects: Jurisprudence and Philosophy of Law

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