PUNISHMENT, INSTITUTIONS, AND JUSTIFICATIONS

Abstract

The justification of punishment is an age-old debate which continues unresolved. In late twentieth century several attempts were made to reconcile the two opposing justifications: retributivism and consequentialism. But these attempts focused narrowly on merely one manifestation of punishment, i.e.: criminal punishment carried out by the state. To the extent that these mixed justifications are successful, they relate to only one (undoubtedly important) manifestation of punishment. But clearly punishment can occur in many different institutional contexts, and the institutions in each context vary dramatically in complexity and relevance. I recommend analyzing punishment in its manifold manifestations.

Citation

Zaibert, L. (2003), "PUNISHMENT, INSTITUTIONS, AND JUSTIFICATIONS", Sarat, A. and Ewick, P. (Ed.) Punishment, Politics and Culture (Studies in Law, Politics, and Society, Vol. 30), Emerald Group Publishing Limited, Leeds, pp. 51-83. https://doi.org/10.1016/S1059-4337(03)30003-1