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Hitting Retributivism Where It Hurts
Journal article   Open access   Peer reviewed

Hitting Retributivism Where It Hurts

Nathan Hanna
Criminal law and philosophy, v 13(1), pp 109-127
15 Mar 2019
url
https://philpapers.org/rec/HANHRWView

Abstract

Criminal Law and Criminal Procedure Law Ethics Law Law and Criminology Legal History Original Paper Philosophy of Law Theories of Law
Many philosophers think that, when someone deserves something, it’s intrinsically good that she get it or there’s a non-instrumental reason to give it to her. Retributivists who try to justify punishment by appealing to claims about what people deserve typically assume this view or views that entail it. In this paper, I present evidence that many people have intuitions that are inconsistent with this view. And I argue that this poses a serious challenge to retributivist arguments that appeal to desert.

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5 citations in Scopus

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