Punishing Wrongs from the Distant Past

Law and Philosophy:1-24 (forthcoming)
Download Edit this record How to cite View on PhilPapers
Abstract
On a Parfit-inspired account of culpability, as the psychological connections between a person’s younger self and older self weaken, the older self’s culpability for a wrong committed by the younger self diminishes. Suppose we accept this account and also accept a culpability-based upper limit on punishment severity. On this combination of views, we seem forced to conclude that perpetrators of distant past wrongs should either receive discounted punishments or be exempted from punishment entirely. This article develops a strategy for resisting this conclusion. I propose that, even if the perpetrators of distant past wrongs cannot permissibly be punished for the original wrongs, in typical cases they can permissibly be punished for their ongoing and iterated failures to rectify earlier wrongs. Having set out this proposal, I defend it against three objections, before exploring how much punishment it can justify.
Keywords
No keywords specified (fix it)
PhilPapers/Archive ID
DOUPWF
Revision history
Archival date: 2019-03-06
View upload history
References found in this work BETA

No references found.

Add more references

Citations of this work BETA

No citations found.

Add more citations

Added to PP index
2019-03-06

Total views
80 ( #25,942 of 39,586 )

Recent downloads (6 months)
80 ( #5,197 of 39,586 )

How can I increase my downloads?

Downloads since first upload
This graph includes both downloads from PhilArchive and clicks to external links.