Philosophy of Law · The justification of punishment

Retributivism

Past wrongdoing and proportionate desert can provide reasons for punishment.

What it claims

Retributivism looks to past wrongdoing rather than only future benefits. Positive versions hold that culpable wrongdoing supplies a reason to impose a proportionate punishment; limiting versions emphasize constraints against punishing the innocent or exceeding desert. Kant insists that a person must not be punished merely as a means to another benefit.

Nearby positions

Key thinkers

Immanuel Kant · Michael S. Moore · R. A. Duff · Herbert Morris · Jean Hampton