Home

Retributivism

Retributivism is a theory of punishment that holds that individuals who commit wrongful acts deserve to be punished in proportion to the seriousness of their wrongdoing. The central idea is moral desert: punishment is justified by the offender’s culpability, independently of any social or practical benefits that punishment might produce, such as deterring crime or reforming the offender. In this view, the purpose of punishment is to respond to moral offense and to restore a balance harmed by the wrongdoing.

Key principles include imputability (the offender could be held morally responsible), desert (punishment is deserved for

Retributivism is often contrasted with utilitarian theories of punishment that justify penalties for their future effects

the
act),
and
proportionality
(the
punishment
should
be
commensurate
with
the
crime).
Some
theorists
distinguish
between
a
pure
or
hard
form
of
retributivism
and
a
more
tempered
or
conditional
form
that
allows
limited
consideration
of
consequences
but
still
centers
on
desert.
(deterrence,
incapacitation,
rehabilitation).
Contemporary
debates
feature
philosophers
such
as
Immanuel
Kant,
who
argued
punishment
should
express
respect
for
moral
law
and
be
proportionate
to
wrongdoing,
and
Michael
S.
Moore,
who
defended
a
modern,
desert-based
account.
Critics
raise
concerns
about
the
coherence
of
desert,
potential
for
cruel
or
unjust
outcomes,
and
the
fairness
of
determining
proportionality
in
imperfect
information
or
biased
systems.
Despite
criticisms,
retributivism
remains
a
major
position
in
discussions
of
criminal
justice,
informing
debates
about
punishment
and
human
rights
and
shaping
attitudes
toward
severe
penalties
when
crimes
are
judged
especially
blameworthy.