Retributivism

Abstract

Retributivism is a family of theories that purport to justify criminal punishment by reference to a wrongdoer’s negative desert. Individual members of the family differ from one another on many issues, including what it is that wrongdoers deserve and what is the character and force of the fact that they deserve it. This chapter lays out one retributive theory and sketches defenses of that theory against prominent anti-retributivist objections, including objections grounded in determinism. According to the theory this chapter dubs 'prospect retributivism', culpable wrongdoers deserve to experience their wrongdoing as personally costly to them, and the state assumes a pro tanto duty to cause wrongdoers to experience those costs in virtue of barring retaliation by victims and their surrogates.

Keywords: retributivism, negative retributivism, prospect retributivism, desert, negative desert, punishment, blameworthiness, determinism, favoring