Kant believed all and only the guilty should be punished. Other retributivists believed that only guilt should bring punishment down on a person. In neither way is the retributive theory sufficiently distinguished from utilitarianism for, on contingent grounds, the utilitarian may agree with either of these theses. The advantage of PRJ is that it brings out the difference between retributivism and utilitarianism more sharply while at the same time it manages to be a less stern and unyielding view than traditional (...) retributivism. The retributivist need not deny the core of good sense in utilitarianism, and he certainly need not deny the connection between morality and happiness. His view is that punishment does not have to produce good consequences in order to be justified. It suffices that it be deserved and that it not produce a set of clearly bad consequences. If it is true that punishment generally does have bad consequences which more than outweigh its good consequences then retributivists and utilitarians should join hands in their condemnation of punishment. The heart of the difference between the retributivist and the utilitarian is that the latter counts punishment itself as an evil but believes that, generally speaking, it is an evil which is instrumental in the production of enough good to out-weigh its intrinsic demerit. The retributivist does not regard punishment as an evil. The pain of punishment is not by itself a reason for not punishing (so long as it is not excessive). Insofar as utilitarianism is the view that no considerations but those of utility should justify punishment, it is only one side of that counterfeit coin the other side of which is Kant's dictum: “...Woe to him who creeps through the serpent-windings of Utilitarianism to discover some advantage that may discharge him from the Justice of Punishment, or even from the due measure of it....” It is irrational for Kant to rule out concern for utility but it is also irrational for the utilitarian to rule out concern for retribution.I have tried to show in this paper that the two main aspects of a plausible theory of retribution - PRJ and that the punishment should fit the crime - can be vindicated in terms of acceptable beliefs one of which is incompatible with utilitarianism (PRJ), and one of which does not derive the respect we accord it from any connection with utilitarianism. I emphasize, however, what I previously stated, that the retributivist does not have to believe that retributive justice must prevail at all costs. What is asked for is the recognition that one purpose of punishment (and not the one purpose) can justifiably have nothing to do with utility. The sensible retributivist will concede, and gladly, that there are more things in heaven and earth than retribution. (shrink)

First published in 1994. Routledge is an imprint of Taylor & Francis, an informa company.

In 1951, Kenneth Arrow published his now celebrated book Social Choice and Individual Values. Although not the first book to be written on social choice, Arrow's work ushered in a voluminous literature mostly produced by economists but by philosophers and political scientists as well. Arrow's chief result was a proof of the impossibility of a social welfare function . He showed that there could be no decision procedure for aggregating individual preference orderings into a grand, overall social preference ordering. The (...) result has been hailed by some as a sort of Godel Theorem of economics. It has seemed to many to have, if not the complexity of the Godel Theorem, at least the same astonishing counter-intuitiveness. On the other hand, some social choice theorists, while conceding the validity of the Arrow Theorem, have challenged its soundness by quarreling with one or more of its presuppositions. (shrink)