Episode 256: The Right to Punish?

Very Bad Wizards · Mar 14, 2023 · 1h 36m

Here's an episode with something for both of us – a healthy serving of Kantian rationalism for David with a dollop of Marxist criminology for Tamler. We discuss and then argue about Jeffrie Murphy's 1971 paper "Marxism and Retribution." For Murphy, utilitarianism is non-starter as a theory of punishment because it can't justify the right of the state to inflict suffering on criminals. Retributivism respects the autonomy of individuals so it can justify punishment in principle – but not in practice, at least not in a capitalist system. So it ends up offering a transcendental sanction of the…