
Contents
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I. Introduction I. Introduction
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II. Pure Consequentialism II. Pure Consequentialism
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III. Standard Retributivism III. Standard Retributivism
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IV. Here-and-Now Justification IV. Here-and-Now Justification
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A. Adequacy versus Superiority A. Adequacy versus Superiority
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B. Abolition of Incarceration B. Abolition of Incarceration
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C. The Central Claim of Superiority C. The Central Claim of Superiority
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D. Overview of the Book D. Overview of the Book
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V. Conclusion V. Conclusion
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Cite
Abstract
In this chapter, Kolber introduces the book and outlines its key arguments. The book explores the moral justification, if any, of our punishment practices, particularly incarceration. While the traditional approach to justification arguably seeks the truth of some future, fully developed moral theory, Kolber seeks to assess our punishment practices “here” (meaning, in the real world) and “now” (meaning, today or close to it). Given the uncertainty that swirls around most moral claims today, we can’t expect anything so rock solid as truth. Instead, we will have to consider how confident we are in a proposed justification, along with how confident we need to be to act in accordance with its recommendations. Kolber argues that, in the here and now, a “pure consequentialist” approach to punishment—one that denies the intrinsic value of imposing deserved punishment—is superior to its most common competitor, “standard retributivism,” which affirms the intrinsic value of deserved punishment. If pure consequentialism ultimately proves to be not only superior but also adequate, then at least some punishment, including incarceration, is justified, at least for the near future.
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