There is a vast literature on the meanings of legal penalties. However, we lack a theory that explains them according to the formation of the modern state. Oakeshott's theory can help explain this phenomenon, leading to an attempt of the individual to take over as many powers of the state as possible. Thus, Kant's and Smith's retributivism is the most consistent of all those theories. Nevertheless, the preventive and resocializing theory of Bentham succeeded eventually. But is this a liberal theory? (...) We contrast the explanations of H.L.A. Hart and Frederick Rosen in order to lay the groundwork for a liberal theory of the meaning of legal sanctions. (shrink)

I argue that influential recent discussions have whitewashed blame, characterizing it in ways that deemphasize or ignore its morally problematic features. I distinguish “definitional,” “creeping,” and “emphasis” whitewash, and argue that they play a central role in overall endorsements of blame by T.M. Scanlon, George Sher, and Miranda Fricker. In particular, these endorsements treat blame as appropriate by definition (Scanlon), or as little more than a wish (Sher), and infer from blame's having one useful function that it is a good (...) practice overall (Fricker). I use an analogy with revenge to illustrate the mechanisms of whitewashing, including broadening a concept to include available alternatives to it and inference from one feature of a practice to an overall conclusion about that practice. Several features of blame make it particularly prone to whitewashing, including blamers' personal or emotional stake in blaming and widespread disagreement about the nature of blame. I argue that a non‐whitewashing treatment of blame must pay closer attention both to blame's harms, and to comparisons between blame and alternative, non‐blaming reactions. (shrink)