Is the Rothbardian Theory of Punishment Retributive?

Loading...
Thumbnail Image

Journal Title

Journal ISSN

Volume Title

Publisher

Towarzystwo Naukowe KUL

Abstract

Murray Rothbard claims that it is “evident that our theory of proportional punishment—that people may be punished by losing their rights to the extent that they have invaded the rights of others—is frankly a retributive theory of punishment, a ‘tooth (or two teeth) for a tooth’ theory.” The present paper argues that it is not. The role that Rothbard assigns for victims in determining punishment justifies classifying his theory of punishment as corrective rather than retributive, for vesting victims with rights over punishment defeats the retributive justice requirement that criminals are punished solely because they deserve it and in accordance with their respective deserts. Instead of giving offenders what they objectively deserve, the Rothbardian theory of punishment allows victims to seek compensation in various forms, including revenge.

Description

Keywords

libertarianism, punishment, retribution, restitution, compensation, Murray Rothbard

Citation

Roczniki Filozoficzne/Annals of Philosophy vol. 71, no. 3, 2023, pp. 5 - 23

Endorsement

Review

Supplemented By

Referenced By

Creative Commons license

Except where otherwised noted, this item's license is described as Attribution 4.0 Poland