Title: Should we punish a remorseful offender? Punishment within a theory of symbolic restoration
Authors: Vandendriessche, Tine # ×
Issue Date: 11-Jun-2014
Publisher: Bureau for Scientific Publications of the Foundation for Education, Science and Technology
Series Title: South African Journal of Philosophy vol:33 issue:2 pages:113-119
Abstract: This paper tackles the question whether we should punish a remorseful offender. Traditional retributive and consequentialist theories on punishment are struggling with the question of the justification of punishment, but I think a more basic question needs to be solved first; namely, how can we interpret the practice of punishment. I state that a theory of symbolic restoration can help us to understand the meaning of this practice. A theory of symbolic restoration depends on an expressivist account of punishment, like Joel Feinberg’s. Expressivism gives us an insight into the importance of the feeling of moral condemnation and it is this feeling that gives rise to the longing for punishment and remorse. Because of moral condemnation after a crime we ask for punishment and expect some kind of remorse. The question is whether punishment can be exchanged for remorse and I argue that in certain cases it cannot. The punishment of a remorseful offender is, I argue, – in certain cases – justified.
ISSN: 0258-0136
Publication status: published
KU Leuven publication type: IT
Appears in Collections:Centre for Ethics, Social and Political Philosophy
× corresponding author
# (joint) last author

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