Cthulhu's Trilby wrote:John Ayers wrote:Justice should be largely based upon retribution. That's what justice
is.
That's begging the question. Maybe to some people that's justice. To me justice is a proper application of ethics.
Take a child rapist and killer. If we caught him and somehow changed him in such a way that he no longer had the inclination to rape and kill children (or anyone else for that matter), wouldn't you still want him to do serious time? Wouldn't he still have to pay for the child he raped and killed? I should hope so, but that just is retribution. His suffering is an end in and of itself.
Again, personally, I don't see what form the payment takes. Maybe it makes the family feel better, but I'm not sure that taking solace in another's suffering is a particularly healthy emotion. I don't think someone who raped and murdered a child would ever be rehabilitated enough to rejoin society. I'd lock them away for ever for the safety of others, but I wouldn't make them suffer unduly.
The primary point of retribution is not to make the family feel better (the criminal would face retribution even if the family were against it; and so we can say that the family's feelings are not a sufficient condition or necessary for retribution). Mind you, I take comfort in knowing that the family is satisfied, but that is a side issue. What matters here is
just deserts--giving him what he
deserves and the proportional repayment of what was taken.
Presumptions that ideas of retribution are "primitive" and "emotional" rather than intuitive grasps of justice itself beg the question against retribution theorists.
Reading the posts here, or at least those posts against my view, the object of criticism seems to the legitimacy of punishment itself, and from that retributive justice is denied, since retribution is involved in punishment (punishment is not here understood in the behaviourist sense). I find that troublesome, because it seems to undermine the whole notion of mercy itself, as we can only be merciful to wrongdoers if they
deserve to be punished. If mercy presupposes the idea that wrongdoers deserve punishment (at least some of them, anyways), then what does that say about mercy? The whole idea would need to be jettisoned, it seems.
What also strikes me as odd is why retribution is deemed to be "primitive" and "emotional", as if these adjective were somehow indicative of irrationality and not worthy of being embraced, but ideas of a person
deserving a reward or preferential treatment is not. Is the idea that a person can deserve a reward but not punishment? If so, what justifies that, if not just the feel-feels of "progressive" liberals or bleeding hearts?