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The retributive justification of punishment is founded on two a priori norms (the guilty deserve to be punished, and no moral consideration relevant to punishment outweighs the offender's criminal desert) and an epistemological claim (we know with reasonable certainty what punishment the guilty deserve) (Primoratz 1989, M. Moore 1987).
And what he suggests is that we think about the question of the justification of punishment in a more complicated way.
The second justification of punishment is that punishment is called for, because when somebody violates moral or legal codes, they deserve to be penalized.
"I hadn't given it a moment's thought before then, but I wanted to keep him happy so I produced a book on the justification of punishment".
Although retributive theorists do not base their justification of punishment on its possible deterrent or reformative effects, many of them agree that punishment can perform a salutary educational function.
In the context of the role and justification of punishment, where we asked ourselves whether there is any rational justification for retribution, or whether that only concerns something which, on reflection, we don't endorse.
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Traditional criticisms of the view are presented, and John Rawls' two-level justification for punishment is offered as one possible way to avoid such criticisms by bringing together consequentialist and deontological justifications of punishment in a single theory.
And of course, I will not merely present those views, but will try to give you a sense of why one might think those are reasonable or unreasonable justifications of punishment.
Justifications of Punishment As a first step we need a definition of punishment in light of the considerations mentioned above.
Rashad Robinson, executive director of the group ColorOfChange, has said that apart from the question of moral justification of capital punishment, Mr. Davis's execution shows that the death penalty cannot be administered fairly.
Professor Woodshows how Hegel applies his theory to such topics as human rights, the justification of legal punishment, criteria of moral responsibility, and the authority of individual conscience.
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Justyna Jupowicz-Kozak
CEO of Professional Science Editing for Scientists @ prosciediting.com