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Should retributivists prefer prepunishment?

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Tomlin, Patrick (2015) Should retributivists prefer prepunishment? Social Theory and Practice, 41 (2). pp. 275-285. doi:10.5840/soctheorpract201541215

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Official URL: http://dx.doi.org/10.5840/soctheorpract201541215

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Abstract

Some philosophers believe that we can, in theory, justifiably prepunish people—that is, punish them for a crime before they have committed that crime. In particular, it has been claimed that retributivists ought (in principle) to accept prepunishment. The question of whether prepunishment can be justified has sparked an interesting and growing philosophical debate. In this paper I look at a slightly different question: whether retributivists who accept that prepunishment can be justified should prefer (ordinary) postpunishment or prepunishment, or see them (in principle) as on a par. The answer is complex: asking this question brings to light unrecognized distinctions within both retributivism and prepunishment, giving us four different answers to the question, depending on what kind of retributivism and what kind of prepunishment are combined. Surprisingly, given that it is usually presented as a second best, to be pursued only when postpunishment is unavailable, some combinations will find prepunishment preferable.

Item Type: Journal Article
Subjects: H Social Sciences > HV Social pathology. Social and public welfare
K Law [Moys] > KA Jurisprudence
Divisions: Faculty of Social Sciences > Philosophy
Library of Congress Subject Headings (LCSH): Punishment -- Philosophy, Retribution
Journal or Publication Title: Social Theory and Practice
Publisher: Florida State University Department of Philosophy
ISSN: 2154-123X
Official Date: April 2015
Dates:
DateEvent
April 2015Published
1 January 2015Accepted
Volume: 41
Number: 2
Page Range: pp. 275-285
DOI: 10.5840/soctheorpract201541215
Status: Peer Reviewed
Publication Status: Published
Access rights to Published version: Restricted or Subscription Access

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