Political Science 3334E Study Guide - Quiz Guide: Retributive Justice
7 Nov 2020
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Rooted in the enlightenment period (17th to 18th century) Retributive theory of punishment: offenders should be punished because they deserve to be punished. (kant, hegel) Justification lies not in external goals (deterrence) but in retribution itself. Punishment is justified to the extent that it rights a public moral wrong. Offenders are punished because they deserve punishment (= just deserts) Punishment restores the moral balance of society. Focus is on the crime itself (less on the criminal) Focus is on the past (less on the future) Principle of guilt (free will): only the guilty should be punished. Principle of proportionality: severity of punishment should fit the severity of the crime. Desert is a necessary condition for the justification of punishment, but showing that people deserve punishment provides no positive reason for punishing them. Desert is both a necessary condition for the justification of punishment and a sufficient, positive reason for punishing.
