Rethinking Four Criticisms of Consequentialist Theories of Punishment

In Matthew C. Altman (ed.), The Palgrave Handbook on the Philosophy of Punishment. Palgrave-Macmillan. pp. 171-194 (2022)
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Abstract

Bennett focuses on four interconnected criticisms of consequentialist theories of punishment. The first criticism says that consequentialist theories wrongfully treat it as permissible to punish an innocent person if doing so will lead to optimal consequences. The second criticism says that consequentialist theories allow the treatment of offenders (and others) as mere means. The third criticism says that consequentialist theories fail to respect offenders as moral agents. The fourth criticism says that consequentialist theories recommend responses to wrongdoing that ignore or displace other valuable forms of human relation. Bennett argues that such criticisms are better thought of as criticisms of a specific form of consequentialism rather than consequentialism as such. The question of whether the whole consequentialist approach is problematic is much more complex. While Bennett does not try in this chapter to resolve that latter question, he looks at some of the considerations that bear on it.

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