The article explains the emotional significance of punishment in the law and in common life.

Pereboom and Caruso propose the quarantine model as an alternative to existing models of criminal justice. They appeal to the established public health practice of quarantining people, which is believed to be effective and morally justified, to explain why -in criminal justice- it is also morally acceptable to detain wrongdoers, without assuming the existence of a retrospective moral responsibility. Wrongdoers in their model are treated as carriers of dangerous diseases and as such should be preventively detained (or rehabilitated) until they (...) no longer pose a threat to society. Our main concern in this paper is that Pereboom and Caruso adopt an idiosyncratic meaning of quarantine regulations. We highlight a set of important disanalogies between their quarantine model and the quarantine regulations currently adopted in public health policies. More specifically, we argue that the similarities that Pereboom and Caruso propose to substantiate their analogy are not consistent—despite what they claim—with the regulations underlying quarantine as an epidemiological process. We also notice that certain quarantine procedures adopted in public health systems are inadequate to deal with criminal behaviors. On these grounds, we conclude that Pereboom and Caruso should not appeal to the quarantine analogy to substantiate their view, unless they address the issues and criticism we raise in this paper. (shrink)

This article is a companion to an article by the same author in issue 33.3 of Criminal Justice Ethics on the question of the standard by which the severity of punishment is determined to be proportional to the seriousness of the crime for which it is inflicted. Its chief argument is that basing the determination on what the offender deserves to suffer is morally problematic because it conflicts with principles of humanity that call for our taking the good of human (...) beings as our end. By contrast, it is also argued, basing the determination on promoting public safety or preserving civil order is not similarly problematic because punishment inflicted to serve either of these ends is compatible with principles of humanity. The article concludes with a comment on how the harsh sentencing laws enacted in the United States in the past 40 years should be seen as a product of the former mode of determining punishment and not the latter. (shrink)