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Another interesting attack on retributivism

By Douglas A. Berman

As noted in recent posts here and here, Adam Kolber's recent scholarly work seems designed to sow discontent with standard retributivist punishment justification.  And, as documented by this revised paper appearing anew on SSRN, Professor Kolber apparently has a fellow traveler in Nathan Hanna.  The paper is titled "Rethinking Retributivist Thought Experiments: An Abolitionist Critique," and here is the abstract: Retributivist arguments often employ thought experiments meant to elicit various responses from us -- materials with which, it is hoped, compelling arguments for punishment can be constructed.  Many think that these experiments help make a prima facie case for punishment, that they highlight reasons that speak unequivocally, if not decisively, in punishment's favor...continue to full post

Full post as published by Sentencing Law and Policy on October 08, 2008 (boomark / email).