Retributivism in the Spirit of Finnis
31 Pages Posted: 28 Sep 2011
Date Written: September 1, 2011
Abstract
John Finnis's contributions to the philosophy of criminal law have received somewhat less attention than a number of his other jurisprudential insights. This essay will highlight the virtues of his work on the central purpose of punishment, by elaborating a version of retributivism that is quite closely similar to his. My arguments are significantly different from those which Finnis presents - for example, I attach no importance whatsoever to the degree of correspondence between my positions and those advocated by Thomas Aquinas or other medieval philosophers - but the upshot of this essay is to underscore the solidity of Finnis's reflections on the moral role of punishment.
Keywords: John Finnis, punishment, retributivism, criminal law, morality, authority
JEL Classification: K49
Suggested Citation: Suggested Citation