Retributivism in the Spirit of Finnis

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