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What is the core idea of retributivism?
That people should be punished because they deserve it for their wrongdoing.
Which author is most associated with retributivism in your readings?
Brooks.
What is the strongest objection to retributivism?
It’s backward-looking — it focuses only on past actions and ignores whether punishment benefits anyone or prevents future harm.
What kind of punishment might retributivism justify that makes people uncomfortable?
Harsh or excessive punishments that serve no future purpose, like deterrence or rehabilitation.
Why might retributivism be considered morally flawed?
Because it could lead to needless suffering if "desert" is treated as more important than helping people or protecting society.
How might a retributivist respond to these objections?
They might argue that moral responsibility matters, and justice means giving people what they deserve regardless of outcomes.
What’s a good counter-response to the retributivist defense?
Even if desert matters, punishment should still serve a humane and practical purpose — justice isn’t just about revenge.
In one sentence, what is your thesis for the retributivism essay prompt?
Retributivism is flawed because it ignores the future impact of punishment and can justify cruelty in the name of justice.
What is the core idea of deterrence theory?
Punishment prevents future crimes by discouraging potential offenders.
Which author supports deterrence theory?
Murphy.
What’s the strongest objection to deterrence theory?
It could justify punishing innocent people if it would scare others into not committing crimes.
What’s another challenge to deterrence theory?
It might tell us not to punish people who can’t be deterred (like mentally ill individuals).
How might a deterrence theorist defend against the innocent punishment objection?
They might appeal to rule utilitarianism — we follow general rules like “don’t punish the innocent” because they have better overall outcomes.
What is a counter to the deterrence defense using rules?
Real-life systems are messy, and relying on rules may not prevent abuse or injustice.
What is your thesis for the deterrence theory essay prompt?
Deterrence theory is flawed because it could justify punishing innocents and ignores those who can’t be deterred.
What is the core idea of Brooks's version of retributivism?
People should be punished according to their moral blameworthiness — based on intent, planning, and circumstances.
In the A vs B scenario, who is more blameworthy: the planner or the impulsive offender?
The planner (A) is more blameworthy because they acted with full intent and preparation.
How would Brooks likely view someone who stole money impulsively because they were desperate?
They may be less blameworthy and deserve slightly less punishment than someone who didn’t need the money.
Does Brooks think someone’s family background should affect their punishment?
Not directly — unless it impacted their ability to understand right and wrong or resist temptation.
What information might Brooks need to fully judge moral blame?
Intent, awareness of wrongness, planning, and ability to choose otherwise.
What is your thesis for the A vs B prompt using Brooks?
Brooks would argue punishment should differ if moral blame is different, based on intent, motivation, and background.
What is the main argument for replacing punishment with therapeutic treatment?
Therapy focuses on healing and reforming the offender rather than causing harm or suffering.
What is the strongest objection to therapeutic treatment?
It treats people as patients, not moral agents — undermining responsibility and autonomy.
How would a defender of therapy respond to that objection?
Therapy can still respect autonomy and help people grow — it's just a different tool than punishment.
What are practical benefits of therapy over punishment?
Lower recidivism, less cruelty, more meaningful rehabilitation.
What is your thesis for the therapy prompt?
Therapeutic treatment is a better alternative to punishment because it helps offenders change and avoids unnecessary harm.
What is the core idea of the moral education theory of punishment?
Punishment teaches moral values to both the offender and society.
Which author defends this theory?
Jean Hampton.
Can the moral education theory justify the death penalty?
Usually no — the death penalty ends the offender’s chance to learn or change.
What lesson might the death penalty send that contradicts moral education?
It might teach revenge or that people can’t be redeemed.
How could someone try to justify the death penalty under moral education?
They might say it shows society’s strong moral condemnation of certain crimes.
What is the counter to that justification?
A powerful message can be sent through long-term incarceration or restorative justice instead.
What is your thesis for the moral education and death penalty prompt?
The death penalty cannot be justified by the moral education theory because it eliminates the opportunity to teach or be taught.