More on the comparative nature of desert: Can a deserved punishment be unjust?

Ronen Avraham; Daniel Statman

doi:10.1017/S0953820812000532

More on the comparative nature of desert: Can a deserved punishment be unjust?

Ronen Avraham, Daniel Statman

Department of Philosophy

Research output: Contribution to journal › Article › peer-review

Abstract

Adam and Eve have the same record yet receive different punishments. Adam receives the punishment that they both deserve, whereas Eve receives a more lenient punishment. In this article, we explore whether a deserved-but-unequal punishment, such as what Adam receives, can be just. We do this by explicating the conceptions of retributive justice that underlie both sides of the debate. We argue that inequality in punishment is disturbing mainly because of the disrespect it often expresses towards the offender receiving the harsher treatment, and also because it casts doubt on whether Adam got what he deserved. We suggest that when no disrespect is involved and when it is clear that the criminal got what he deserved, inequality is not worrisome.

Original language	English
Pages (from-to)	316-333
Number of pages	18
Journal	Utilitas
Volume	25
Issue number	3
DOIs	https://doi.org/10.1017/S0953820812000532
State	Published - Sep 2013

ASJC Scopus subject areas

Philosophy
Sociology and Political Science

UN SDGs

This output contributes to the following UN Sustainable Development Goals (SDGs)

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10.1017/S0953820812000532

Cite this

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abstract = "Adam and Eve have the same record yet receive different punishments. Adam receives the punishment that they both deserve, whereas Eve receives a more lenient punishment. In this article, we explore whether a deserved-but-unequal punishment, such as what Adam receives, can be just. We do this by explicating the conceptions of retributive justice that underlie both sides of the debate. We argue that inequality in punishment is disturbing mainly because of the disrespect it often expresses towards the offender receiving the harsher treatment, and also because it casts doubt on whether Adam got what he deserved. We suggest that when no disrespect is involved and when it is clear that the criminal got what he deserved, inequality is not worrisome.",

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More on the comparative nature of desert: Can a deserved punishment be unjust?

Abstract

ASJC Scopus subject areas

UN SDGs

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