Hitting Retributivism Where It Hurts

Criminal Law and Philosophy 13 (1):109-127 (2019)
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Abstract

Many philosophers think that, when someone deserves something, it’s intrinsically good that she get it or there’s a non-instrumental reason to give it to her. Retributivists who try to justify punishment by appealing to claims about what people deserve typically assume this view or views that entail it. In this paper, I present evidence that many people have intuitions that are inconsistent with this view. And I argue that this poses a serious challenge to retributivist arguments that appeal to desert.

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Nathan Hanna
Drexel University

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