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7 - The Right Kind of Complexity

Published online by Cambridge University Press:  04 April 2018

Leo Zaibert
Affiliation:
Union College, New York
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Summary

Myversion of pluralism is focused on two particularly important values: that of deserved punishment and that of its merciful remission. In this chapter I discuss a famous recent effort to emphasize the importance of the latter: Martha Nussbaum's. While in some ways I am very sympatheitc to the spirit motivitaing Nussbaum, I suggest that she perpetuates two myths: that retributivism is necessarily unfriendly to forgiveness, and that utilitarianism is necessarily friendly to it. I argue that boths myths are false. I conclude the chapter by connecting the debate concerning conditional and unconditional forgiveness to the discussion of punishment as such. And I suggest that a great deal of the (allegedly mysterious) value of deserved punishment as such can be understood by considering the arguments for the value of unconditional forgiveness.
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Rethinking Punishment , pp. 177 - 208
Publisher: Cambridge University Press
Print publication year: 2018

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