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Placing BlameA Theory of the Criminal Law$
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Michael S. Moore

Print publication date: 2010

Print ISBN-13: 9780199599493

Published to Oxford Scholarship Online: September 2010

DOI: 10.1093/acprof:oso/9780199599493.001.0001

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The Moral Worth of Retribution

The Moral Worth of Retribution

Chapter:
(p.104) 3 The Moral Worth of Retribution
Source:
Placing Blame
Author(s):

Michael Moore (Contributor Webpage)

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780199599493.003.0003

This chapter argues for a kind of ‘equal protection’ for retributive justice amongst the kinds of justice. Other forms of justice – distributive, corrective, natural right, promissory – have respected places within our pantheon of plausible theories of legal institutions. The question put is why retributive justice has in modern times been so discriminated against. A variety of explanations are considered; the emotional nature of retributive judgments is ultimately singled out. That emotional nature is given extended treatment, along Nietzschean lines. Despite the conceded force of many of the Nietzschean objections to the emotional basis for retributive judgments, a virtuous emotional base for retributive judgments is argued to lie in feelings of guilt.

Keywords:   punishment, revenge, retribution, resentment, emotions, guilt, moral hatred, ressentiment

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