Retributivism, Consequentialism, and the Intrinsic Goodness of Punishment

被引:1
|
作者
David Dolinko
机构
[1] University of California,UCLA School of Law
[2] L.A,undefined
关键词
Social Issue; Intrinsic Goodness; Consequentialist Theory; Retributive Theory; Consequentialist Justification;
D O I
10.1023/A:1005819731964
中图分类号
学科分类号
摘要
Retributivism is commonly taken as an alternative to a consequentialist justification of punishment. It has recently been suggested, however, that retributivism can be recast as a consequentialist theory. This suggestion is shown to be untenable. The temptation to advance it is traced to an “intrinsic good” claim prominent in retributive thinking. This claim is examined, and is argued to be of little help in coping with the difficulties besetting the retributive theory, as well as clashing with a “desert” claim equally central to that theory.
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页码:507 / 528
页数:21
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