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RECIDIVISM, MULTIPLE OFFENDING AND LEGAL JUSTICE

RECIDIVISM, MULTIPLE OFFENDING AND LEGAL JUSTICE Danish Yearbook of Philosophy, Vol. 36 (2001), 69-94 RECIDIVISM, MULTIPLE OFFENDING AND LEGAL JUSTICE JESPER RYBERG University of Roskilde One of the most striking changes in the modem philosophy of punishment is indisputably the extent to which consequentialist ideas have been aban­ doned and retributivist ideas revived, From having been defended by only a few mulish theorists the retributive theory has today become the leading or­ thodoxy, This transition has had a natural implication, While the early re­ tributivists' primary task consisted in challenging the dominant consequen­ tialist approach to punishment - recall the comprehensive dispute on whether it can ever be justified to punish an innocent person - the modem retributivists, against a background of broad agreement on the plausibility of adopting a retrospectively oriented point of view on justification, have had the opportunity to engage in many of the more detailed questions which any adequate theory of punishment distribution will have to consider. Two ques­ tions, belonging to this category, constitute the subject of the present article, firstly, why should recidivists be treated more harshly than first-time crim­ inals and, secondly, why should multiple offenders - that is, persons who have committed a number of crimes before http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png Danish Yearbook of Philosophy Brill

RECIDIVISM, MULTIPLE OFFENDING AND LEGAL JUSTICE

Ryberg, Jesper
Danish Yearbook of Philosophy , Volume 36 (1): 25 – Aug 2, 2001
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Publisher
Brill
Copyright
Copyright © Koninklijke Brill NV, Leiden, The Netherlands
ISSN
0070-2749
eISSN
2468-9300
DOI
10.1163/24689300_0360105
Publisher site
See Article on Publisher Site

Abstract

Danish Yearbook of Philosophy, Vol. 36 (2001), 69-94 RECIDIVISM, MULTIPLE OFFENDING AND LEGAL JUSTICE JESPER RYBERG University of Roskilde One of the most striking changes in the modem philosophy of punishment is indisputably the extent to which consequentialist ideas have been aban­ doned and retributivist ideas revived, From having been defended by only a few mulish theorists the retributive theory has today become the leading or­ thodoxy, This transition has had a natural implication, While the early re­ tributivists' primary task consisted in challenging the dominant consequen­ tialist approach to punishment - recall the comprehensive dispute on whether it can ever be justified to punish an innocent person - the modem retributivists, against a background of broad agreement on the plausibility of adopting a retrospectively oriented point of view on justification, have had the opportunity to engage in many of the more detailed questions which any adequate theory of punishment distribution will have to consider. Two ques­ tions, belonging to this category, constitute the subject of the present article, firstly, why should recidivists be treated more harshly than first-time crim­ inals and, secondly, why should multiple offenders - that is, persons who have committed a number of crimes before

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Danish Yearbook of Philosophy – Brill

Published: Aug 2, 2001

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