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| Article |
| Three Mistakes about Retributivism |
| Jeffrie Murphy |
| 31 Analysis 166 (1971) |
| Library Access |
|
Abstract: This article argues that retributivism is a theory, not just a primitive bit of intuitive vindictiveness, and should be taken seriously and criticized as a theory. Retributive theories of punishment maintain that criminal guilt merits punishment, regardless of considerations of social utility. The justification for this theory is that the retributivist claim is demanded by a general theory of political obligation which is more plausible than any alternative theory. This type of retributivism, is not absurd on its face, and does not fall to three stock objections commonly raised against it. The article shows how retributivism does not necessarily involve a tacit appeal to utility, that retributivism need not literally apply the principle jus talionis (return like for like) to maintain consistency, and that retributivism is not too utopian. |
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