Why Consequentionalists Should Be Retributivists Too

8 Pages Posted: 1 Apr 2007 Last revised: 26 Dec 2007

See all articles by Jacek Czabanski

Jacek Czabanski

University of Turin - Centre for Law, Economics, and Institutions

Date Written: March 30, 2007

Abstract

The author argues that it is fully rational for consequentionalist to be retributivists too. When there is no public law enforcement, rational victims will not be likely to punish the offenders, because the costs of punishment are higher then the potential deterrent gains for an individual. Therefore, rational offenders will not treat the threat of punishment as a credible one, and will continue to offend. Rational solution for potential victims is either to claim that it is retributive principle that they will follow, or to pay for the process of punishment in advance in order to avoid the temptation to save some money on the cost of general deterrence. In either way, it is a retribution principle that will be followed, although for consequentialist reasons. The author claims that both conseqentionalism and retributivism have their place within the theory of punishment, and one cannot be considered to be better than the other.

Keywords: crime, punishment, consequentionalism, retributivism

JEL Classification: K14

Suggested Citation

Czabanski, Jacek, Why Consequentionalists Should Be Retributivists Too (March 30, 2007). Available at SSRN: https://ssrn.com/abstract=977462 or http://dx.doi.org/10.2139/ssrn.977462

Jacek Czabanski (Contact Author)

University of Turin - Centre for Law, Economics, and Institutions ( email )

Via Po 53
Torino, Turin - Piedmont 10100
Italy

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