Punishment and Desert

by John Kleinig

Superficial acquaintance with the literature on punishment leaves a fairly definite impression. There are two approaches to punishment - retributive and utilitarian - and while some attempts may be made to reconcile them, it is the former rather than the latter which requires the reconciliation. Taken by itself the retributive approach is primitive and unenlightened, falling short of the rational civilized humanitarian values which we have now acquired. Certainly this is the dominant impression left by 'popular' discussions of the SUbject. And retributive vs. utilitarian seems to be the mould in which most philosophical dis­ cussions are cast. The issues are far more complex than this. Punishment may be con­ sidered in a great variety of contexts - legal, educational, parental, theological, informal, etc. - and in each of these contexts several im­ portant moral questions arise. Approaches which see only a simple choice between retributivism and utilitarianism tend to obscure this variety and plurality. But even more seriously, the distinction between retributivism and utilitarianism is far from clear. That it reflects the traditional distinction between deontological and teleological ap­ proaches to ethics serves to transfer rather than to resolve the un­ clarity. Usually it is said that retributive approaches seek to justify acts by reference to features which are intrinsic to them, whereas utilitarian approaches appeal to the consequences of such acts. This, however, makes assumptions about the individuation of acts which are difficult to justify.

170 pages, Paperback

First published December 31, 1899

About the author

John Kleinig is Emeritus Professor of Philosophy in the Department of Criminal Justice, John Jay College of Criminal Justice, and in the PhD Program in Philosophy, Graduate School and University Center, City University of New York. He is also an Adjunct Research Professor in the School of Humanities and Social Sciences at Charles Sturt University (Australia). He is the author/editor of 22 books, blogs for The Critique, and is currently completing a book to be titled Ends and Means in Policing.