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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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Justifying Retributivism

Justifying Retributivism

Chapter:
(p.153) 4 Justifying Retributivism
Source:
Placing Blame
Author(s):

Michael Moore (Contributor Webpage)

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780199599493.003.0004

This chapter mulls over the justificatory apparatus of the preceding chapter. A secondary literature critical of that apparatus has developed, and the main arguments of that literature are considered. These include charges of circularity, lack of deductive strength, failures of explanatory superiority, over- emotionality, and under- and over-breadth directed against my mode of justifying retributivism. None of these are found to be convincing.

Keywords:   punishment, retributivism, justification, consequentialism, deontology, intrinsic goods, first principles

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