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Optimistic retributivism holds that an offender’s desert provides a motive in favor of punishment; primarily, the state ought to punish those discovered responsible of prison offences to the extent that they deserve, as a result of they deserve it. Penal desert constitutes not just a crucial, but an in-principle adequate reason for punishment (only in precept, nevertheless, since there are very good causes â€” to do with the costs, both materials and ethical, of punishment â€” why we should always not even attempt to punish all of the guilty).
For crucial discussion, see Bottoms 1998; Duff 2001, ch. three.three. For one more delicate model of this sort of account, see Matravers 2000.) This type of account differs from the accounts simply discussed, on which retributivist prohibitions on punishment of the innocent or excessive punishment of the guilty constrain the pursuit of consequentialist goals, since in the current account the (retributivist) imposition of deserved censure is part of the optimistic justifying intention of punishment; and it may possibly declare, in response to the Hegelian objection to deterrence, that it does not handle potential offenders merely â€˜like dogs’, since the regulation’s initial appeal to the citizen is within the appropriate moral phrases: the prudential, coercive causes constituted by penal hard remedy as deterrence are related solely to those that are deaf, or a minimum of insufficiently attentive, to the legislation’s moral attraction.
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