Retributive Justice

Oxford Handbook of Distributive Justice, S. Olsaretti, ed. (August, 2018)

San Diego Legal Studies Paper No. 19-411 (2019)

35 Pages Posted: 9 Sep 2019

See all articles by Larry Alexander

Larry Alexander

University of San Diego School of Law

Date Written: 2018

Abstract

The topic of this chapter is the relationship between retributive justice and distributive justice. The author expounds his view that retributive justice should be noncomparative, and that the currency of retributive desert should be suffering. Some theories of distributive justice employ desert as a basis for distribution, whereas other theories of distributive justice do not. The author explains his belief that retributive justice relies on the notion of negative desert, but acknowledges that there are problems if not only negative desert is to be punished but positive desert is to be rewarded. The challenge is how to integrate retributive justice into the different theories of distributive justice.

Keywords: retributive justice, distributive justice, negative desert, positive desert, comparative justice, noncomparative justice

JEL Classification: K10

Suggested Citation

Alexander, Lawrence, Retributive Justice (2018). Oxford Handbook of Distributive Justice, S. Olsaretti, ed. (August, 2018); San Diego Legal Studies Paper No. 19-411 (2019). Available at SSRN: https://ssrn.com/abstract=3449470 or http://dx.doi.org/10.2139/ssrn.3449470

Lawrence Alexander (Contact Author)

University of San Diego School of Law ( email )

5998 Alcala Park
San Diego, CA 92110-2492
United States
619-260-2317 (Phone)
619-260-4728 (Fax)

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