Paper's abstract

Thom Brooks, Choosing Correct Punishments
One of the most controversial aspects of legal philosophy concerns the justification of specific punishments for particular criminal violations. Surprisingly, there has not been any attempt to arrive systematically at any conclusive formula for deriving correct punishments. This article aspires to fulfill this urgent need. I shall examine (1) retributive, (2) consequentialist, (3) reformative, and (4) deterrent punishments in an attempt to derive general equations. It is my wish that by contributing a general formula for each theory we might have a new perspective for comparison. This article finds that the contestability of ascertaining the most appropriate punishment for a criminal is in large part a product of the unstable foundations each penal theory rests on. In addition, almost every variety of penal theories relies on assumptions about criminal culpability, grounded in implicit intentionality. Thus, the contestability of choosing correct punishments to 'fit' different crimes primarily depends upon the best judgment of judicial officers, not on empirical 'facts'.

Key Words :
t. 47, 2003 : p. 365-369

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