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Foucault's genealogical approach is best illustrated in his work Discipline and Punish (1979) where he begins with a present conception of punishment and identifies the workings of power particularly on bodies that produced it.
To accept this conception of punishment is to concede the central claim of the consequentialist, not that of the retributivist.
We cannot discuss these objections here, but must turn to some themes in contemporary abolitionist thought (one of which can be connected to the communicative conception of punishment.
On a communicative conception of punishment, the state aims to engage with the offender in a moral dialogue so that she appreciates the moral reasons she has to follow the law.
It remains an open question whether or not a retributivist conception of punishment could be coherently married to a view that denies that human beings are endowed with power.
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The punishment deserved is the punishment authorized under a fair penalty schedule; no other conception of deserved punishment can be defended; the perennial lure of an illusory independent criterion for desert, founded ultimately on intuition, as well as of utilitarian calculations, must be resisted.
But the view that it wrongs victims not to punish wrongdoers confuses vengeance, which is victim-centered, with retributivism, which is agent-centered: concerned with giving the wrongdoer the punishment he deserves (see Paul Robinson's 2008 contrast between vengeful and deontological conceptions of deserved punishment).
The second argument turns, that is, on a retributivist conception of punishment a conception according to which a punishment is appropriate only if it is deserved and a further claim to the effect that a punishment is never deserved in the retributivist's sense if the crime was not efficiently caused by the agent to whom the punishment is issued.
No purely backward-looking conception of the practice of punishment, focused exclusively on the desert of the offender, can accommodate provisions for this incentive.
One judge, after learning about behavioral genetics, said to me, "If this proves out, our entire conception of culpability in crime and punishment will have to be reconsidered".
This is the outcome of a punishment-based conception of social order.
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Justyna Jupowicz-Kozak
CEO of Professional Science Editing for Scientists @ prosciediting.com