By Christopher Bennett
Christopher Bennett provides a thought of punishment grounded within the perform of apology, and particularly in reactions equivalent to feeling sorry and making amends. He argues that offenders have a 'right to be punished' - that it's a part of taking an criminal heavily as a member of a normatively challenging dating (such as friendship or collegiality or citizenship) that she is topic to retributive attitudes whilst she violates the calls for of that dating. although, whereas he claims that punishment and the retributive attitudes are the required expression of ethical condemnation, his account of those reactions has extra in universal with restorative justice than conventional retributivism. He argues that the main applicable approach to react to crime is to require the criminal to make proportionate amends. His publication is a wealthy and unique contribution to the controversy over punishment and restorative justice.
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Extra info for The Apology Ritual: A Philosophical Theory of Punishment
Resentment or indignation and their expression in harsh treatment of the wrongdoer); and (4) the view that sees punishing a wrongdoer as part of respecting him as a responsible Some retributivist themes 29 moral agent. These different accounts are not – or certainly need not be – unrelated to each other; and it will be part of my thesis that they each express some valid insight when understood in the right way. 4 This view starts by considering a society characterised by an agreement to keep to rules the purpose of which is to protect the interests and liberty of its members.
Despite the problems that afflict it as a theory of punishment, it might be that, on one interpretation, the benefits-and-burdens view is something that the restorative justice theorist could make use of. For, on some accounts, restorative justice is a view that takes restitution to be 7 Dagger, ‘Playing Fair with Punishment’. 8 Cf. Sadurski, ‘Theory of Punishment’. 9 The restorative justice theorist can agree that, in cases in which the offender has caused some actual damage, and is at fault in some way for having caused it, the fair outcome is that in which the offender is asked to make reparation to the victim in proportion to what was lost in the first place.
However, the question is whether we should think of the state only as a fair system of social cooperation, and hence of our duties to the state (and to one another) simply as duties of fair play. 8 But I think we can expect consensus on a thicker range of values than merely those of fairness, and that the state should therefore take itself as able to criminalise and punish actions on grounds other than unfairness. It certainly seems as though we do not intuitively think of crimes just in terms of unfairness; and it is not clear that a state system of punishment can really be legitimate if it is radically divorced from its citizens’ moral intuitions about the need for punishing in a particular case.
The Apology Ritual: A Philosophical Theory of Punishment by Christopher Bennett