Retributivism, Its Discontents, and Some Malcontents

Chapter 5 of Sher’s Desert, “Deserved Punishment,” is a desert-based defense of retributive punishment intended to defend the claim that “persons who have acted wrongly…deserve to be punished.”

All of the participants in our Zoom discussion agreed that this was the weakest of the five chapters we’ve read so far, and all of us (I think) agreed that Sher’s argument failed to establish its intended conclusion.  But as half of the group consisted of retributivists, and the other half of anti-retributivists, we ended up disagreeing about the exact nature of the failure, and then ended up disagreeing with one another about punishment itself. The retributivist-friendly participants were apt to say that Sher failed to establish a claim that happens to be true, or at least plausible; the anti-retributivists were apt to say that it was no surprise that he failed to establish a claim that happens to be unmotivated and false. We then ended up disagreeing about how to define retributivism, and about the plausibility of the motivation behind retributivism, however understood. The two camps divided in predictable ways.

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The Unwarranted Demonization of Scot Peterson (6): Vengeance Is Theirs

Friday was the second anniversary of the tragic Parkland shooting. The shooting was remembered in an appropriate-enough way in the media, except for one (to me) conspicuous thing: the continued, thoughtless, fact-free demonization of Scot Peterson, the School Resource Officer universally blamed for not entering the building where the shooting took place. Almost without exception, journalism about Parkland continues to take for granted the unexamined dogmas that Peterson “failed” to enter Building 12 and “failed” to confront the shooter, that he knew where the shooter was but deliberately hid from danger, and that his malfeasance goes beyond cowardice to legally actionable neglect, and beyond civil wrong to outright criminality. Continue reading

Caffeinated Punishment: After-Action Report

[cross-posted from Austro-Athenian Empire]

The aforementioned punishment panel has been held.

Here are some photos from the event.

Here’s the paper I presented.

And for a more detailed presentation of some of the arguments from my paper, see my 1999 responsibility article (which depends in turn on some of the machinery in my 1993 abortion article), as well as the powerpoints from my 2015 prisons talk.