Forms of government

School of thought

Retributive justice

Modern theories of punishment

It asks whether deserving a sanction provides a reason to impose it for an act committed.

Historical context

Retributive theories enter debates about whether punishment is justified by future effects or by the act committed.

Overview

A disproportionate penalty might deter and still be objectionable. Desert raises the question of whether punishment has a limit independent of how many future offences it could prevent.

Main claims

Responsibility for the act and proportionality matter in justifying a penalty.

Debates and nuances

There is disagreement over whether desert requires punishment or only limits permissible punishment.

This entry provides educational context.