This chapter contains sections titled: Why We Punish How We Punish What We Punish Whom We Punish Bibliography.

A sorites argument is a symptom of the vagueness of the predicate with which it is constructed. A vague predicate admits of at least one dimension of variation (and typically more than one) in its intended range along which we are at a loss when to say the predicate ceases to apply, though we start out confident that it does. It is this feature of them that the sorites arguments exploit. Exactly how is part of the subject of this (...) paper. The majority of philosophers writing on vagueness take it to be a kind of semantic phenomenon. If we are right, they are correct in this assumption, which is surely the default position, but they have not so far provided a satisfactory account of the implications of this or a satisfactory diagnosis of the sorites arguments. Other philosophers have urged more exotic responses, which range from the view that the fault lies not in our language, but in the world, which they propose to be populated with vague objects which our semantics precisely reflects, to the view that the world and language are both perfectly in order, but that the fault lies with our knowledge of the properties of the words we use (epistemicism). In contrast to the exotica to which some philosophers have found themselves driven in an attempt to respond to the sorites puzzles, we undertake a defense of the commonsense view that vague terms are semantically vague. Our strategy is to take fresh look at the phenomenon of vagueness. Rather than attempting to adjudicate between different extant theories, we begin with certain pre-theoretic intuitions about vague terms, and a default position on classical logic. The aim is to see whether (i) a natural story can be told which will explain the vagueness phenomenon and the puzzling nature of soritical arguments, and, in the course of this, to see whether (ii) there arises any compelling pressure to give up the natural stance. We conclude that there is a simple and natural story to be told, and we tell it, and that there is no good reason to abandon our intuitively compelling starting point. The importance of the strategy lies in its dialectical structure. Not all positions on vagueness are on a par. Some are so incredible that even their defenders think of them as positions of last resort, positions to which we must be driven by the power of philosophical argument. We aim to show that there is no pressure to adopt these incredible positions, obviating the need to respond to them directly. If we are right, semantic vagueness is neither surprising, nor threatening. It provides no reason to suppose that the logic of natural languages is not classical or to give up any independently plausible principle of bivalence. Properly understood, it provides us with a satisfying diagnosis of the sorites argumentation. It would be rash to claim to have any completely novel view about a topic so well worked as vagueness. But we believe that the subject, though ancient, still retains its power to inform and challenge us. In particular, we will argue that taking seriously the central phenomenon of predicate vagueness—the “boundarylessness” of vague predicates—on the commonsense assumption that vagueness is semantic, leads ineluctably to the view that no sentences containing vague expressions (henceforth ‘vague sentences’) are truth-evaluable. This runs counter to much of the literature on vagueness, which commonly assumes that, though some applications of vague predicates to objects fail to be truth-evaluable, in clear positive and negative cases vague sentences are unproblematically true or false. It is clarity on this, and related points, that removes the puzzles associated with vagueness, and helps us to a satisfying diagnosis of why the sorites arguments both seem compelling and yet so obviously a bit of trickery. We give a proof that semantically vague predicates neither apply nor fail-to-apply to anything, and that consequently it is a mistake to diagnose sorites arguments, as is commonly done, by attempting to locate in them a false premise. Sorites arguments are not sound, but not unsound either. We offer an explanation of their appeal, and defend our position against a variety of worries that might arise about it. The plan of the paper is as follows. We first introduce an important distinction in terms of which we characterize what has gone wrong with vague predicates. We characterize what we believe to be our natural starting point in thinking about the phenomenon of vagueness, from which only a powerful argument should move us, and then trace out the consequences of accepting this starting point. We consider the charge that among the consequences of semantic vagueness are that we must give up classical logic and the principle of bivalence, which has figured prominently in arguments for epistemicism. We argue there are no such consequences of our view: neither the view that the logic of natural languages is classical, nor any plausible principle of bivalence, need be given up. Next, we offer a diagnosis of what has gone wrong in sorites arguments on the basis of our account. We then present an argument to show that our account must be accepted on pain of embracing (in one way or another) the epistemic view of “vagueness”, i.e., of denying that there are any semantically vague terms at all. Next, we discuss some worries that may arise about the intelligibility of our linguistic practices if our account is correct. We argue none of these worries should force us from our intuitive starting point. Finally, we cast a quick glance at other forms of semantic incompleteness. (shrink)

Critics charge that retributivists fail to show why the state should concern itself with ensuring that criminal offenders are punished in accordance with their ill deserts. Drawing on the notion that the state should attempt to equalize the realization of the interests designated by rights, it is argued that legal punishment restores the equality of condition, disrupted by criminal conduct, that all citizens are entitled to. While this equality of condition might be restored in various ways, it is argued that (...) the imposition of punitive losses is the most appropriate way to restore it in most cases. An account of the ill deserts of offenders, as a function of the harms their crimes produce and the extent of their culpability for those harms, is briefly elaborated. (shrink)

A certain conception of Hell is inconsistent with God's traditional attributes. My argument is novel in focusing on considerations involving vagueness. God is in charge of the selection procedure, so the selection procedure must be just; any just procedure will have borderline cases; but according to the traditional conception, the afterlife is binary and has no borderline cases.

Peter Unger's puzzle, the problem of the many, is an argument for the conclusion that we are grossly mistaken about what kinds of objects are in our immediate surroundings. But it is not clear what we should make of Unger's argument. There is an epistemic view which says that the argument shows that we don't know which objects are the referents of singular terms in our language. There is a linguistic view which says that Unger's puzzle shows that ordinary singular (...) terms and count nouns are vague. Finally, there is an ontological view which says that the puzzle shows that there are vague objects. ;The epistemic view offers the simplest solution to the problem of the many, but runs foul of a different problem, the problem of vague reference. The problem of vague reference is that given the presuppositions of the epistemic view there are too many too similar objects that might be the reference of a name such as 'Kilimanjaro' for it to be plausible that the name has a determinate reference. The linguistic view, spelled out in terms of semantic indecision and supervaluation, offers the same solution to the problem of the many and to the problem of vague reference. But it leaves no room for de re beliefs about ordinary material object. The ontological view offers a solution to the problem of the many that avoids the problem of vague reference and the problem of de re beliefs. For these reasons it is preferable to the other two. ;However, ontological vagueness has met strong objections. It has been argued that it is a fallacy of verbalism, that it is inconsistent and that once formulated in a consistent way it is not distinguishable from the linguistic view. These objections can be met, but not without cost. To avoid the charge of being inconsistent, friends of the ontological view have to give up the law of excluded middle. ;A positive account of vague parthood has two parts. First, parthood is not primitive but dependent on other primitive facts. The most important of the primitive facts are about to what kinds objects belong and how objects are casually related. Second, sometimes the primitive facts fail do determine of two objects whether one is part of the other. Given a notion of vague parthood, a notion of vague object can be defined roughly in the following way: An object O is vague if there is an object a such that it is indeterminate whether a is part of O. (shrink)

Retributivism is regarded by many as an attractive theory of punishment. Its primary assumption is that persons are morally responsible agents, and it demands that the social practices of punishment acknowledge that agency. But others have criticized retributivism as being barbaric, claiming that the theory is nothing more than a rationalization for revenge that fails to offer a compelling non-consequentialist justification for the infliction of harm. Much of the contemporary philosophical literature on retributivism has attempted to meet this criticism. One (...) common move has been to recast retributivism within the social contractarian tradition. The argument is that the justification for retributive punishment flows naturally from social contractarian political theories. Thus, not only is it reasonable to claim that wrongdoers merit punishment independent of any consequentialist concerns, but that fairness requires retributive punishment. While allying retributivism with social contractarianism provides retributivism with a nonconsequentialist justification for punishment (one fuller and less problematic than the conception of "desert" that worries the critics of retributivism), I will argue that far from strengthening the justification of retributivism, social contractarianism weakens it. For this version of the theory invites the Marxist charge that our society is ordered by profoundly unfair political and social institutions, and that to justify punishing the criminals disadvantaged by such institutions with the claim that fairness requires their punishment approaches a cruel joke. Some have defended the contractarian-based theory of retributivism against the Marxist criticism by claiming that it does not require the punishment of such individuals precisely because social relations are unfair. I will conclude in this paper that although such a move is appealing, it is untenable. And if such a move is not open to the retributivist, she is now in the uncomfortable position of either turning a blind eye to the injustices by which many criminals are victimized or abandoning her retributivist intuitions (the very intuitions that drove her to social contractarianism to bolster her theory of retributivism in the first place). I will conclude that attempts to bolster retributivism by appeal to social contractarianism should be abandoned and retributivists ought instead to seek to develop their theory of punishment within an alternative type of political theory. (shrink)

According to rational will views of paternalism, the wrongmaking feature of paternalism is that paternalists disregard or fail to respect the rational will of the paternalized, in effect substituting their own presumably superior judgments about what ends the paternalized ought to pursue or how they ought to pursue them. Here I defend a version of the rational will view appealing to three rational powers that constitute rational agency, which I call recognition, discrimination, and satisfaction. By appealing to these powers, my (...) version of the rational will view can rank the wrongfulness of paternalistic acts in terms of the extent to which such acts (a) amount to supplanting the paternalized individual’s identity as a rational agent with that of the paternalist, and (b) the degree of mistrust the paternalistic act shows in the paternalized individual’s rational agency. My rational powers account thus provides a more complete account of why paternalism is a powerful, but not decisive or absolute, objection to an act or policy. My rational powers account also provides powerful explanations of why rational suasion deflects charges of paternalism; why consenting to intercessions in one’s rational agency negates paternalism; why we ordinarily believe that strong paternalism is more objectionable than weak paternalism; and why we ordinarily believe that hard paternalism is more objectionable than soft paternalism. (shrink)

This paper defends the idea that there might be vagueness or indeterminacy in the world itself--as opposed to merely in our representations of the world--against the charges of incoherence and unintelligibility. First we consider the idea that the world might contain vague properties and relations ; we show that this idea is already implied by certain well-understood views concerning the semantics of vague predicates (most notably the fuzzy view). Next we consider the idea that the world might contain (...) vague objects ; we argue that an object is indeterminate in a certain respect (colour, size, etc.) just in case it is a borderline case of a maximally specific colour (size, etc.) property. Finally we consider the idea that the world as a whole might be indeterminate; we argue that the world is indeterminate just in case it lacks a determinate division into determinate objects. (shrink)

Retributivist Arguments against Presuming Innocence. Answering to Duff Factors justifying not presuming innocence are generally incorporated into the Presumption of Innocence (PoI). A confusing discourse has resulted: numerous guilt-presuming acts are deemed consistent with the PoI. I argue for an unusually broad PoI: any act that might convey to a reasonable actor that he is not presumed innocent of a punishable offence constitutes a PoI interference. Thus, academic debate need only be about the question what PoI interferences are justifiable or (...) unjustifiable. This question must be answered using pro- and anti-PoI values. I analyse three PoI interferences in relation to Duff’s retributivist punishment theory: presumptions of guilt, vicarious liability of car owners and coercing non-suspects into proving their sobriety. Retributivists tend to castigate such procedures based on their (supposed) consequentialist rationale. I argue, however, that they might also be justified on retributivist grounds. The retributivist anti-PoI duty to punish the guilty may be the worst enemy of innocents. (shrink)

Harming other people is prima facie wrong. Unless we can be very certain that doing so is justified under the circumstances, we ought not to do it. In this paper, I argue that we ought to dismantle harsh retributivist criminal justice systems for this reason; we cannot be sufficiently certain that the harm is justified. Gregg Caruso, Ben Vilhauer and others have previously argued for the same conclusion; however, my own version sidesteps certain controversial premises of theirs. Harsh retributivist criminal (...) justice can only be morally right if the following three propositions are true: Moral responsibility exists, retributivism is right, and we can find out how much punishment offenders deserve for their crimes. Suppose that we initially assign a high credence to each of the three propositions; I assume for the sake of argument that there are good arguments in support of each. Nevertheless, these arguments ultimately depend on intuitions. Since we have philosophical peers whose intuitions differ from ours, we ought to downgrade our credence in each. However, even slightly less credence in each proposition means far less credence in a conjunction of all three. Since the stakes are high and there are morally safer options for a criminal justice system, we ought to dismantle harsh retributivist ones. (shrink)

The Buddha taught that there is no self. He also accepted a version of the doctrine of karmic rebirth, according to which good and bad actions accrue merit and demerit respectively and where this determines the nature of the agent’s next life and explains some of the beneficial or harmful occurrences in that life. But how is karmic rebirth possible if there are no selves? If there are no selves, it would seem there are no agents that could be held (...) morally responsible for ‘their’ actions. If actions are those happenings in the world performed by agents, it would seem there are no actions. And if there are no agents and no actions, then morality and the notion of karmic retribution would seem to lose application. Historical opponents argued that the Buddha's teaching of no self was tantamount to moral nihilism. The Buddha, and later Buddhist philosophers, firmly reject this charge. The relevant philosophical issues span a vast intellectual terrain and inspired centuries of philosophical reflection and debate. This article will contextualise and survey some of the historical and contemporary debates relevant to moral psychology and Buddhist ethics. They include whether the Buddha's teaching of no-self is consistent with the possibility of moral responsibility; the role of retributivism in Buddhist thought; the possibility of a Buddhist account of free will; the scope and viability of recent attempts to naturalise karma to character virtues and vices, and whether and how right action is to be understood within a Buddhist framework. (shrink)

It has been argued that a retributivist criminal justice system treats offenders with a respect lacking in alternative criminal justice systems; retributivism presumably recognizes that offenders are fellow members of the moral community who can be held responsible for their actions. One version of the respect argument builds on P.F. Strawson’s moral responsibility theory. According to Strawson, we may take either a participant or objective attitude toward other people. The former is the default attitude when interacting with other adults, whereas (...) the latter is fit for children and the mentally disabled or ill, whom we merely try to manage and handle as best we can. The participant attitude also involves holding people responsible when they do wrong. Supposedly, a retributivist criminal justice system functions as a natural continuation of our everyday, participant, and responsibility-holding practices, unlike alternative systems that adopt an objective attitude toward offenders. I argue that this is wrong. The participant attitude requires reciprocity and, usually, some level of equality too. Even an idealized retributivist system has little room for this, not to mention the flawed versions of this system we see in reality. (shrink)

This dissertation had three purposes: present the system of natural law developed by Germain Grisez and John Finnis; display and examine their quarrel with that group of moralists they label "proportionalists;" adjudicate crucial areas of conflict to advance a person-centered fundamental morality. ;Chapter One presented the Grisez-Finnis system. It noted: their emphasis on intentionality, as opposed to metaphysical anthropology, as the ground of their theory of practical reason--morality; and their identification of objective principles for grounding moral absolutes. ;Chapter Two detailed (...) their critique of the "proportionalists," including Richard McCormick S.J. These are charged with: violating value incommensurability by trying to determine rightness by simple weighing; neglecting the way willing shapes an agent's basic dispositions--moral character, particularly in intending means; and, emphasizing emotional attitude as constituting moral character instead of recognizing attitude--character as one's "volitional self-disposition," to be ordered and constrained by rational principles. ;Chapter Three presented proportionalist responses to the critique. While some incompleteness and vagueness was observed, the fundamental charges of Grisez and Finnis seemed to be unconfirmed. ;Chapter Four further examined two crucial disputed areas: the possibilities of justifying actions by ordering values; the way intention--action impacts on moral character. Use was made of tools provided by the theorists already considered, with additional insights from: other natural law theorists, e.g. H. Veatch; R. Sokolowski's phenomenological perspective; and some elements of a nuanced noncognitivism. A person-centered point of view was established as key to valuing and justifying. ;I concluded that a person-centered morality did offer a higher good in light of which basic goods could be ordered, opening some possibility of "Doing Evil to Achieve Good", i.e. using harmful means for a proportionately good end. Personal moral goodness was identified in terms of one's basic commitments--basic volitional and emotionl self-dispositions. Actions and elements of actions are to be evaluated, as to effect on moral goodness, according to how they express and affect basic commitments. (shrink)

This article advances a censure-based case against sentences of life imprisonment without the possibility of parole. Our argument justifies a retributive “second look” assessment of long-term prison sentences. The article focuses on the censuring element of long-term prison sentences while reconceptualizing penal censure as a dynamic and responsive concept. By doing so, the article explores the significance of the prisoner’s life after sentencing (largely ignored by retributivists) and promotes a more nuanced approach to censure-based proportionality. Policy-makers may welcome this approach (...) as a way to control excessive prison sentences while remaining within a retributive penal framework. Although we are making a general argument about the need for responsive censure within a retributive sentencing regime, the case for this approach is particularly compelling at the present time. Almost all Western nations, and particularly the US, impose very lengthy, often life sentences of imprisonment for a wide range of offences, thereby affecting large numbers of prisoners. (shrink)

This paper makes the counterintuitive argument that apologetic offenders in both criminal and noncriminal contexts deserve reductions in punishment even according to retributive theories of justice. I argue here that accounting for post-offense apologetic meanings can make retributivism more fair and consistent much in the same way that considering pre-offense behavior such as culpable mental states like premeditation provide a more holistic and accurate view of the badness of the offense at issue. On my view, retributivists should endorse the general (...) principle that categorically apologetic offenders deserve less punishment because certain kinds of contrition can revise the very nature of the offense and thereby make it less bad and deserving of less punishment. This claim is symmetrical with the popular view that unapologetic or remorseless offenders deserve more punishment. (shrink)

Published on Daily Philosophy 2021-10-18 Why do we have a criminal justice system? What could possibly justify the state punishing its citizens? Philosophers, scholars of law, politicians and others have proposed different justifications, one of them being retributivism: the view that we ought to give offenders the suffering that they deserve for harming others. However, intentionally harming other people and making them suffer is serious business. If we are to do this in the name of what’s right and good, we (...) better be very certain that what we do really is right and good. The so-called Epistemic Argument Against Retributivism calls this certainty into question. (shrink)

Many philosophers think that, when someone deserves something, it’s intrinsically good that she get it or there’s a non-instrumental reason to give it to her. Retributivists who try to justify punishment by appealing to claims about what people deserve typically assume this view or views that entail it. In this paper, I present evidence that many people have intuitions that are inconsistent with this view. And I argue that this poses a serious challenge to retributivist arguments that appeal to desert.

This chapter outlines six distinct reasons for rejecting retributivism, not the least of which is that it’s unclear that agents possess the kind of free will and moral responsibility needed to justify it. It then sketches a novel non-retributive alternative called the public health-quarantine model. The core idea of the model is that the right to harm in self-defense and defense of others justifies incapacitating the criminally dangerous with the minimum harm required for adequate protection. The model also draws on (...) the public health framework and prioritizes prevention and social justice. It is argued that not only does the public health-quarantine model offer a stark contrast to retributivism, it also provides a more humane, holistic, and effective approach to dealing with criminal behavior, one that is superior to both retributivism and other leading non-retributive alternatives. (shrink)

I’ll raise a problem for Retributivism, the view that legal punishment is justified on the basis of desert. I’ll focus primarily on Mitchell Berman’s recent defense of the view. He gives one of the most sophisticated and careful statements of it. And his argument is representative, so the problem I’ll raise for it will apply to other versions of Retributivism. His insights about justification also help to make the problem particularly obvious. I’ll also show how the problem extends to non-retributive (...) justifications of punishment. I’ll argue that Berman’s argument makes a questionable assumption about the standard of justification that justifications of punishment must meet to be successful. If we think about what it takes to justify punishment and reflect on the intuitions that retributivists appeal to, it turns out that the intuitions aren’t obviously up to the task. (shrink)

This article argues that even if we grant that murderers may deserve death in principle, retributivists should still oppose capital punishment. The reason? Our inability to know with certainty whether or not individuals possess the necessary level of desert. In large part due to advances in science, we can only be sure that no matter how well the trial is administered or how many appeals are allowed or how many years we let elapse, we will continue to execute innocent persons (...) for as long as we legalize capital punishment. Thus, on grounds of desert, this article argues that retributivists should oppose capital punishment. (shrink)

William of Ockham (d. 1347) is well known for his commitment to parsimony and for his so-called ‘razor’ principle. But little is known about attempts among his own contemporaries to deflect his use of the razor. In this paper, I explore one such attempt. In particular, I consider a clever challenge that Ockham’s younger contemporary, Walter Chatton (d. 1343) deploys against the razor. The challenge involves a kind of dilemma for Ockham. Depending on how Ockham responds to this dilemma, his (...) razor will, Chatton argues, either prove unacceptably dull when it comes to determining ontological commitment or prove unacceptably sharp when it comes to determining commitments entailed by certain theological doctrines. While Chatton’s objection is subtle and interesting in its own right, the broader significance of the debate between these thinkers lies in the light it sheds on medieval approaches to issues surrounding metaphysical methodology. (shrink)

Retributivist accounts of punishment maintain that it is right to punish wrongdoers, even if the punishment has no future benefits. Research in experimental economics indicates that people are willing to pay to punish defectors. A complementary line of work in social psychology suggests that people think that it is right to punish wrongdoers. This work suggests that people are retributivists about punishment. However, all of the extant work contains an important potential confound. The target of the punishment is expected to (...) be aware of the punitive act. Thus, it's possible that people punish because they want to communicate something to the wrongdoer, e.g. disapproval, the presence of a norm, etc. In three studies, we examine whether people will punish even when the punishee will be ignorant. We find that people are no less likely to punish when the punishee will be ignorant. This finding emerges both in a survey study and in a monetized behavioural decision study. (shrink)

Lately it has become a commonplace to complain about the injustice of mass incarceration. I share the sentiment that this phenomenon has been an injustice. But it also has become orthodoxy to allege that the acceptance of a retributive penal philosophy has been one of the chief factors that has brought about mass incarceration in the first place. As a self-proclaimed retributivist, I find these allegations to be troubling and unwarranted. The point of this paper is to take steps to (...) rebut them. I begin by making four conceptual points about retributivism. If I am correct, retributivism comes in countless flavors, and the particular variety to which I am most attracted can be applied to show why some punishments should be less severe than those presently imposed. Next I argue that many persons deserve less punishment than our legal system currently inflicts. Reflection about whether perpetrators should be afforded a complete or partial defense reveals retributivism to be less punitive than conventional wisdom would suggest. (shrink)

State agents’ misconduct (SAM), such as the violations carried out by the police or prosecution, may harm an offender’s rights during the criminal process in various ways. What, if anything, can retributivism, as an offense-focused theory that looks to the past, offer in response to SAM? The goal of this essay is to advance a retribution-based framework for responding to SAM within the criminal process. Two retribution-based arguments are provided. First, a retribution-based response to SAM aims to protect the legitimacy (...) of the criminal process. Such an argument is based on how the crime and punishment connect to the moral standing of the state and that connection’s meaning for the legitimacy of the trial (legitimacy-based argument). Second, a retribution-based response to SAM aims to consider the offender’s side of the penal dialogue and promote a more accurate calibration of the penal suffering (compensation-based argument). Based on these arguments, the essay theorizes the legal response for SAM in US and non-US traditions through the retributive lens. The essay concludes with a call for expanding the multiple roles for retributive logic to include the actions of law-enforcement actors and addresses what that expansion means for the justice of the criminal process. (shrink)

This chapter discusses vagueness in ethics.

‘Retributivism’ covers a wide range of theories which, even though they differ in various ways, all give some room for proportionality considerations with regard to the question of how severely offenders should be punished. This article addresses the question—well‐known from traditional ethical theory—as to whether proportionality constraints should be given an absolutist or a non‐absolutist interpretation. It is argued that both absolutist and some non‐absolutist accounts of proportionality constraints have counter‐intuitive implications and, more generally, that the non‐absolutist interpretation, to which (...) most retributivists seem to subscribe, faces serious challenges with regard to how the thresholds of such constraints should be determined. It is concluded that, given the aspiration of providing genuine action guidance for penal practice, the retributivist faces a dilemma that is not easily resolved. (shrink)

This paper develops a retributivist argument for leniency in punishment. It argues that even retributivists who defend desert-based punishment have a reason, internal to their view, to prefer more lenient over more severe punishments when there are doubts concerning how much punishment an offender deserves. This is because retributivists should take an asymmetrical view to underpunishment and overpunishment, and because the likelihood of overpunishment goes up with the severity of punishment. The radicalness of the ensuing leniency depends on the strength (...) of the asymmetry in value between underpunishment and overpunishment. (shrink)

Roy Sorenson offers a unique exploration of an ancient problem: vagueness. Did Buddha become a fat man in one second? Is there a tallest short giraffe? According to Sorenson's epistemicist approach, the answers are yes! Although vagueness abounds in the way the world is divided, Sorenson argues that the divisions are sharp; yet we often do not know where they are. Written in Sorenson'e usual inventive and amusing style, this book offers original insight on language and logic, the (...) way world is, and our understanding of it. (shrink)

In this paper we explore whether or not the use of risk assessment tools in criminal sentencing can be made compatible with a retributivist justification of punishment. While there has been considerable discussion of the accuracy and fairness of these tools, such discussion assumes that one’s recidivism risk is relevant to the severity of punishment that one should receive. But this assumption only holds on certain accounts of punishment, and seems to conflict with retributivist justifications of punishment. Drawing on the (...) broader desert literature, we explain the source of this conflict, and suggest that a retributivist approach on which the severity of punishment partly depends on one’s character in addition to their acts offers some hope of reconciling retributivism with the use of risk assessment tools in considerations of sentencing reduction in particular. Ultimately, however, even this limited attempt at reconciliation fails, so long as risk assessment tools fail to distinguish between risk that one is responsible for, and risk that one is not responsible for. (shrink)

I defend two objections to Tadros’s views on punishment. First, I allege that his criticisms of retributivism are persuasive only against extreme versions that provide no justificatory place for instrumentalist objectives. His attack fails against a version of retributivism that recognizes a chasm between what offenders deserve and the allthings-considered permissibility of treating offenders as they deserve. Second, I critique Tadros’s duty view – his alternative theory of punishment. Inter alia, I object that he derives principles from highly unusual examples (...) of self-defense he subsequently tries to apply to ordinary cases of punishment. (shrink)

Could a sentence be, say, 3rd order vague, but 4th order precise? In Williamson 1999 we find an argument that seems to show that this is impossible: every sentence is either 1st order precise, 2nd order precise, or infinitely vague. The argument for this claim is unpersuasive, however, and this paper explains why.

If you’ve read the first five hundred pages of this book, you’ve read most of it (we assume that ‘most’ requires more than ‘more than half’). The set of natural numbers n such that the first n pages are most of this book is nonempty. Therefore, by the least number principle, it has a least member k. What is k? We do not know. We have no idea how to find out. The obstacle is something about the term ‘most’. It (...) is recognisably the same feature as the feature of ‘heap’ that prevents us from finding an answer to the question ‘How many grains make a heap?’ and the feature of many other expressions that prevents us from finding answers to similar questions involving them. Call this feature, whatever its underlying nature, vagueness. (shrink)

Retributivism is often explicitly or implicitly assumed to be compatible with the harm principle, since the harm principle (in some guises) concerns the content of the criminal law, while retributivism concerns the punishment of those that break the law. In this essay I show that retributivism should not be endorsed alongside any version of the harm principle. In fact, retributivists should reject all attempts to see the criminal law only through (other) person-affecting concepts or “grievance” morality, since they should endorse (...) the criminalization of conduct that is either purely self-harming or good for somebody and bad for nobody (i.e., Pareto improvements). (shrink)

This review essay of Victor Tadros’s new book, “The Ends of Harm: The Moral Foundations of Criminal Law,” responds to Tadros’s energetic and sophisticated attacks on retributivist justifications for criminal punishment. I argue, in a nutshell, that those attacks fail. In defending retributivism, however, I also sketch original views on two questions that retributivism must address but that many or most retributivists have skated past. First, what do wrongdoers deserve – to suffer? to be punished? something else? Second, what does (...) it mean for them to deserve it? That is, what is the normative force or significance of valid desert claims, either with respect to retributivist desert in particular or with respect to all forms of desert? Because the answers that this essay offers are preliminary, the essay also serves as a partial blueprint for further work by criminal law theorists with retributivist sympathies. (shrink)

This chapter contains sections titled: The Sorites Paradox Some Attempts at a Solution Happy‐and Unhappy‐Face Solutions Vagueness, Indeterminacy, and Partial Belief.

This paper defends a minimal desert thesis, according to which someone who is blameworthy for something deserves to feel guilty, to the right extent, at the right time, because of her culpability. The sentiment or emotion of guilt includes a thought that one is blameworthy for something as well as an unpleasant affect. Feeling guilty is not a matter of inflicting suffering on oneself, and it need not involve any thought that one deserves to suffer. The desert of a feeling (...) of guilt is a kind of moral propriety of that response, and it is a matter of justice. If the minimal desert thesis is correct, then it is in some respect good that one who is blameworthy feel guilty—there is some justice in that state of affairs. But if retributivism concerns the justification of punishment, the minimal desert thesis is not retributivist. Its plausibility nevertheless raises doubt about whether, as some have argued, there are senses of moral responsibility that are not desert-entailing. (shrink)

The aim of this essay is to argue that, if a robust form of moral realism is true, then moral vagueness is ontic vagueness. The argument is by elimination: I show that neither semantic nor epistemic approaches to moral vagueness are satisfactory.

Pessimistic empirical evidence about the reformatory and deterrent effects of punitive treatment poses a challenge for all justificatory theories of punishment. Yet, the dominant progressive view remains that punishment is required for the most serious crimes. This paper outlines an empirically sensitive prospectus for justifying punitive treatment through understanding the importance of reintegration. On this view, punishment can be viewed as a preferred alternative to the rigours of social ostracism, a common way of dealing with offenders in lieu of formal (...) criminal justice. Adopting reintegration as a primary aim encourages taking a longer view which focuses on desistance from criminality rather than only on reform at the point of release from formal punishment. The view outlined in this paper enables a vindication of reintegrative punishment even when it is not the most immediately efficient means of reforming offenders. In making this argument, I develop the modern retributive platform in criminal justice theory, identify various overlooked yet key nuances in the relationship between reintegration and reform, and argue for greater theoretical and practical attention to how the state can make the communities they serve more receptive to reintegrating offenders. (shrink)