Desert, Retribution, and Torture

On some accounts, punishment is justified by the good results that it brings about. In particular, punishment deters, incapacitates, and may, in some cases, rehabilitate criminals. On a retributivist theory, punishment is not justified on the basis of these desirable results, but rather on the fact that the wrongdoer has done something that deserves punishment. In Desert, Retribution, and Torture, Stephen Kershnar provides an in-depth defense of retributivism. Kershnar then uses this theory to provide support for the notion that very harsh forms of punishment, including torture, are morally justified.

Acknowledgments	p. ix
Introduction	p. xi
Retributivism	p. xi
Retributivism and the Criminal Justice System	p. xiv
Desert
The Structure of Punitive Desert	p. 1
A Reductive Account of Punitive Desert	p. 1
Some Implications of the Structure of Punitive Desert	p. 7
Conclusion	p. 11
The Basis of Deserved Punishment is a Culpable Wrongdoing	p. 15
Introduction	p. 15
The Act Theory and the Character Theory of Deserved Punishment	p. 17
If the Act Theory Is Correct, Then the Relevant Type of Act is a Culpable Wrongdoing	p. 24
The Argument for the Act Theory of Deserved Punishment	p. 26
Conclusion	p. 35
The Justification of Deserved Punishment via General Moral Principles	p. 41
Refutation versus Merely Casting Doubt on This Type of Argument	p. 42
Theories that Attempt to Justify the Principle of Deserved Punishment Via More General Moral Theories	p. 42
Skepticism About Deserved Punishment	p. 61
Conclusion	p. 63
Retributivism
A Defense of Retributivism	p. 69
What is Retributivism?	p. 69
An Argument for Retributivism	p. 74
Objections to Impure Moral Retributivism	p. 85
Conclusion	p. 91
Reflexive Retributive Duties	p. 97
The Victim Has a Moral Duty to Punish The Culpable Wrongdoer	p. 97
The Duty to Punish the Culpable Wrongdoer Is Owed to the Victim	p. 104
The Retributive Duty and the Libertarian-Duty Thesis	p. 109
Conclusion	p. 110
Rights Forfeiture in the Context of Culpable Wrongdoing	p. 115
Introduction	p. 115
The Argument for Rights Waiver	p. 117
A Culpable Wrongdoer Does Not Waive Her Moral Right Through a Promise or Consent	p. 123
The Structure of Rights Forfeiture	p. 125
The Justification of Rights Forfeiture	p. 137
Conclusion	p. 142
Harsh Punishment
Mercy And Harsh Punishment	p. 149
Mercy Is an Imperfect Duty	p. 149
Mercy Does Not Prevent the Regular Imposition of Harsh Punishment	p. 152
Conclusion	p. 165
An Argument for the Use of Torture As Punishment	p. 169
Introduction	p. 169
The Argument for Torture as Justified Punishment	p. 169
Conclusion	p. 196
Index	p. 201
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Desert, Retribution, and Torture

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