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Punishment's Justification, Jeffrey T. Renz

Jeffrey T Renz

Kant’s late 18th Century articulation of retribution and Bentham and Mill’s 19th Century theory of deterrence have survived as the chief justifications for punishing criminals. The two have always been in competition, despite some attempts (chiefly by John Rawls and H.L.A. Hart) to have one serve the other.

The debate between retributivists and utilitarians has recently taken on new life. See C. Flanders, Retribution and Reform, 70 Md. L. Rev. 8 (2010); D. Gray & J. Huber, Retributivism for Progressives: A Reply to Professor Flanders, 70 Md. L. Rev. 141 (2010); D. Markel, Bentham on Stilts: The Bare Relevance of …