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Can one be a committed retributivist without some deep belief in a higher power?

By Douglas A. Berman

After I wrapped up my all-too-brief discussion of traditional punishment theories in my first-year Criminal law class today, one of my terrific students asked me a variation of the question I have posed in the title of this post.  In part because I tend to believe in some form of a higher power, and also because I tend not find retributivist theories of punishment especially appealing, I really was not able to provide an especially satisfying answer to my student's terrific question.  Consequently, I thought it might be useful (and perhaps also just) to ask if any readers have a satisfying answer to the question above.  I suppose I would especially like to hear answers to the question from those who genuinely view themselves as committed atheists and committed retributivist...continue to full post

Full post as published by Sentencing Law and Policy on August 24, 2010 (boomark / email).