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Religion & Law

: Mirror of Justice

Watson on Kolber on Punishment

By Rob Vischer

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A few weeks ago, I posted a description of Adam Kolber's new paper, The Subjective Experience of Punishment, in which he argues that the subjective experience of punishment is a relevant factor in determining a just sentence.  I asked: in terms of Catholic legal theory, should the justice of criminal punishment be viewed primarily from the defendant's perspective or from society's?  Jonathan Watson has now posted a short response to Kolber's paper titled Punishment, Suffering, and Hedonic Adaptation.  Building on the work of C.S. Lewis, Watson argues that Kolber's approach marginalizes the importance of both free will and retribution.  It's well worth reading.

Full post as published by Mirror of Justice on March 18, 2008 (boomark / email).

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