Chapter

Responsibility and Retribution

David Hodgson

in Rationality + Consciousness = Free Will

Published in print January 2012 | ISBN: 9780199845309
Published online May 2012 | e-ISBN: 9780199932269 | DOI: http://dx.doi.org/10.1093/acprof:oso/9780199845309.003.0012

Series: Philosophy of Mind Series

Responsibility and Retribution

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In Chapter 11, I give reasons why I contend it is important to maintain ideas of responsibility and retribution in the criminal law. I argue that both consequentialist considerations and considerations of retribution are important in justifying punishment, and that ideas of retribution place appropriate constraints on the exercise of State compulsion. I suggest that while compatibilist views do support retribution, it is are more strongly and reliably supported by the version of free will that I support. I conclude by considering the future of retribution having regard to ongoing developments in science.

Keywords: responsibility; retribution; punishment; consequentialist purposes; State compulsion; mens rea; defences; neuroscience

Chapter.  10950 words. 

Subjects: Philosophy of Mind

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