Virtue ethics and criminal punishment

In Alberto Masala & Jonathan Webber, From Personality to Virtue: Essays on the Philosophy of Character. Oxford: Oxford University Press UK. pp. 35-61 (2016)
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Abstract

Virtue theory provides a unique perspective to critique certain contemporary punishment practices. To be a moral agent one must be able to act such that his or her actions deserve praise or blame; virtue theory thus demands that moral agents engage in rational choice-making as a means to develop and exercise the character traits from which culpable action issues. With respect to criminal offenders, virtue theory indicates the state is obligated to recognize offenders’ right to form their own moral character via rational choice-making, even while under state supervision. Punishment practices should limit choice-making only to the extent necessary to achieve the functions of punishment: whenever possible, punishment should preserve opportunities for the rational exercise of character and development of virtue.

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Katrina L. Sifferd
Elmhurst University

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