PhilArchive
open access
Is Punishment Necessary? Penal Abolitionism and Impure Restitution
The institution of legal punishment, according to penal abolitionists, should be abandoned. But can we do without it? In this paper, I tackle this question and provide a tentative positive answer. Drawing on evidence from the social sciences, I argue that legal punishment has been crucial to enable cooperation in large-scale societies, but this does not mean that it is indispensable for this end today, as alternatives are available. I support this claim by defending one of such alternatives, namely pure restitution, from several crippling objections. My defense of restitution modifies the underlying theory, making it considerably less pure in a sense I shall specify, but also more promising as a potential alternative to legal punishment.
Conceptio Open Archive
Analyze & explore related research in Conceptio
Connect this record directly into your research workflow or AI agent. Explore citations across open repositories, query full text, and export structured proof bundles.
This document is indexed with metadata only: full text is not available in the archive for this record. Open the official source ↗
Related documents
- BEYOND THE CARCERAL STATE: TRANSFORMATIVE JUSTICE, PUBLIC PROTECTION, AND THE LIMITS OF PENAL ABOLITION#432354
- The Law from Wergild to the Postmodern: thinking of Restorative Justice#771514
- The Next Era of Sentencing Reform#649837
- What's Wrong with Differential Punishment?#94145
- Disuasión y Castogo desde una Perspectiva Lockeana#750630
Record · ID 694065
Retrieved via Conceptio: every document is proof-bundled with source, license, and retrieval metadata.
Retrieved via Conceptio: every document is proof-bundled with source, license, and retrieval metadata.
Bring this data into your agent: Connect via MCP or API · 20 free credits to start · no card required
Read the Docs → · View CLI source on GitHub · Conceptio Open Knowledge Archive
Read the Docs → · View CLI source on GitHub · Conceptio Open Knowledge Archive