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PUNISHMENT - A TALE OF TWO ISLANDS
Authors:Mark Thomas Walker
Institution:Department of Philosophy University of Birmingham Birmingham B15 2TT
Abstract:An imaginary desert island scenario provides the setting for a story which is designed to expose the shortcomings of deterrence, reform and restitution theories of punishment, and to emphasize the intuitive appeal of Kant's strong retributivist insistence that there is a positive obligation to punish offenders just qua offenders, and not merely an automatic right to do so (weak retributivism). Nevertheless, it is urged that though the fact that an offence has been committed can in itself suffice to establish that punishment is in some sense required, this requirement at most supports a position that is intermediate between Kantian retributivism and weak retributivism.
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