Episode 256: The Right to Punish?
Very Bad Wizards
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Is Retributivism a Theory of Punishment?
The right of the punisher seems to depend on some notion that the agent that committed the crime deserves to be punished. So maybe then if he's saying retributivism that is motivated by some form of content or Rawlsian notion cannot stand and he's limiting it to that, then it makes more sense. I feel like there are other versions of retributivism as a theory of punishment that could just be limited to just saying you the state has the right to punish anybody who deserves that punishment. You don't need to have arrived at your judgment of dessert in a content way. It might not be vulnerable to this kind of critique, although it also might depending on how our reactive attitudes
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