Abstract
Nearly all retributive theories of punishment adopt the following model. Punishments are justified when the wrongdoers receive the punishment they deserve. A deserved punishment is one that is proportionate to the offender’s culpability. Culpability has two components: (1) the severity of the wrong, and (2) the offender’s blameworthiness. The broader aim of this article is to outline an alternative retributivist model that directly involves the victim in the determination of the appropriate and just punishment. The narrower aim is to show that the methodology employed by Michael Moore (1997) in support of the standard retributive model in fact better supports this alternative model. Moore himself explicitly rejects the idea that victims can play a role in determining just punishments, because this would entail assigning different punishments to equally culpable offenders. When properly applied, however, Moore’s method for justifying retributivism results in an approach that directly involves the victim in the punishment process.
Similar content being viewed by others
Notes
See Mackie (1982)
One anonymous referee for this papers appears to be in this category, distrusting any theory of punishment that appeals to intuitions and feelings for support. Elsewhere (Sommers 2012) I have argued that virtually all theories of moral responsibility and desert appeal to intuition for justification whether they admit it or not.
Nussbaum (1994) brought Wiesel’s story about the soldiers to my attention.
Although in many cultures, “blood money” is considered a legitimate form of compensation.
See Miller (2001)
See Murphy (2003)
See e.g. Van Camp et al. (2013).
Thanks to an anonymous referee for alluding to this possible response from Moore.
References
Braithwaite, John. In search of restorative jurisprudence. In: Lode Walgrave (Ed.), Restorative Justice and the Law (pp. 150–16). Devon, UK: Willan Publishing.
Burgh, R. (1982). Do the guilty deserve punishment? J Philos, 79(4), 193–210.
Camp, V., et al. (2013). Victim satisfaction with restorative justice: more than simply procedural justice. International Review of Victimology, 19(2), 117–143.
Christie, N. (1977). Conflict as property. Br J Criminol, 17(1), 1–15.
Greene, J. D. (2007). The secret joke of Kant’s soul. In W. Sinnott-Armstrong (Ed.), Moral psychology, vol. 3: the neuroscience of morality: emotion, disease, and development. Cambridge, MA: MIT Press.
Joyce, R. (2006). The myth of morality. MIT Press.
Kundera, M. (1999) The unbearable lightness of being. NewYork: Perennial Classics.
Mackie, J. L. (1982). Morality and the retributive emotions. Criminal Justice Ethics, 1(1), 3–10.
Miller, D. (2001). Disrespect and the psychology of injustice. Annu Rev Psychol, 52, 527–553.
Moore, M. S. (1992). Moral reality revisited. Michigan Law Review, 90(8), 2424–2533.
Moore, M. S. (1997). Placing blame: a general theory of the criminal law. Oxford: Clarendon.
Moore, M. S. (1999). Victims and retribution: a reply to Professor Fletcher. Buffalo criminal law review, Vol. 3, pp. 101–125, reprinted (in German translation). In B. Schunemann and M. D. Dubber (Eds).
Morris, H. (1968). Persons and punishment. Sherwood J. B. Sugden (Ed.), Monist 52.4.
Murphy, J. G. (2003). Getting even: forgiveness and its limits. Oxford: Oxford UP.
Singer, P. (2005). Ethics and intuitions. J Ethics, 9, 331–352.
Sommers, T. (2007). The illusion of freedom evolves. In: D. Ross, D. Spurrett, H. Kincaid and G. L. Stephens (Eds.), Distributed cognition and the will: individual volition and social context (pp. 61). MIT Press.
Sommers, T. (2009). The two faces of revenge: moral responsibility and the culture of honor. Biol Philos, 24(1), 35–50.
Sommers, T. (2012). Relative justice: cultural diversity, free will, and moral responsibility. Princeton, NJ: Princeton UP.
Street, S. (2006). A Darwinian dilemma for realist theories of value. Philos Stud, 127(1), 109–166.
Tullis, P. (2013). Can forgiveness play a role in criminal justice? New York Times Magazine January 4.
Von Hirsch, A. (1978). Proportionality and desert: reply to bedau. J Philos, 75(11), 622–24.
Von Hirsch, A. (1992). Proportionality in the philosophy of punishment. Crime and Justice, 16, 55.
Author information
Authors and Affiliations
Corresponding author
Rights and permissions
About this article
Cite this article
Sommers, T. The Three Rs: Retribution, Revenge, and Reparation. Philosophia 44, 327–342 (2016). https://doi.org/10.1007/s11406-016-9706-y
Received:
Revised:
Accepted:
Published:
Issue Date:
DOI: https://doi.org/10.1007/s11406-016-9706-y