
Contents
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9.1 The Purpose of Punishment 9.1 The Purpose of Punishment
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9.2 Punishing Attempts Less Severely than Successes 9.2 Punishing Attempts Less Severely than Successes
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9.3 Punishments of Appropriate Severity 9.3 Punishments of Appropriate Severity
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9.4 How Restitution Makes Possible the Compatibility of Mercy and Justice 9.4 How Restitution Makes Possible the Compatibility of Mercy and Justice
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9.5 Restitution and Revenge 9.5 Restitution and Revenge
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9.6 Restitution without Punishment? 9.6 Restitution without Punishment?
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9.7 Debts to the Deceased 9.7 Debts to the Deceased
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Notes Notes
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References References
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9 Restitutionism
Get accessDavid Hershenov is Professor of Philosophy and the Director of the Romanell Center for Clinical Ethics and the Philosophy of Medicine at the University at Buffalo
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Published:22 October 2024
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Abstract
Punishment has traditionally been distinguished from restitution. It is better if punishment is construed as restitution. The main advantage is that it prioritizes the victims but it can even benefit the criminal who wants to repay a debt in order to reconcile with those people he has wronged and be restored to society as an equal citizen. Restitution has other advantages over its main rivals—retribution, reform, and deterrence. It can better explain why failed attempts are punished less severely than successful crimes. Restitutionist principles are not compromised by shows of mercy. Restitution does better than its rivals in avoiding punishments that are excessive or too lenient. It can accommodate the satisfaction of vindictive feelings as a form of debt payment and “getting even” can even play a role in the restoration of the criminal and the victim to their pre-crime status. Restitution also better coheres with classical Christian views of posthumous punishment.
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