The Free Will Show
Episode 62: Theories of Punishment with Erin Kelly
Sep 7, 2023
Erin Kelly, expert on theories of punishment and advocate for restorative justice, discusses the main theories of justification for punishment and challenges they face. She explores the shift from retributive to restorative justice, examines retributive and consequence-oriented theories of punishment, and suggests restorative justice as an alternative. The significance of listening to people's stories in clarifying ethical concerns is emphasized, along with the need to consider real-world society in approaching ethical problems.
30:22
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Quick takeaways
- Retributive theories argue that criminals deserve punishment proportionate to their wrongdoing, while non-retributive theories focus on harm reduction and goals like crime prevention and rehabilitation.
- Restorative justice offers a transformative and healing approach to criminal wrongdoing, emphasizing accountability through reparative actions and addressing underlying problems of the punishment system.
Deep dives
Theories of Justification of Punishment and Challenges
Aaron Calle discusses theories of justification of punishment and the challenges faced by those theories. She highlights the distinction between retributive and consequence-oriented theories, explaining that retributive theories argue that criminal wrongdoers deserve punishment proportionate to their wrongdoing, while non-retributive theories focus on harm reduction and encompass goals like crime prevention, rehabilitation, and redress. Calle also emphasizes the need to address the broader social and institutional causes of criminal behavior and highlights the limitations of the criminal justice system in considering these factors.
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