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Restitutionism

Research output: Chapter in Book/Report/Conference proceedingChapterpeer-review

Abstract

Punishment has traditionally been distinguished from restitution. It is better if punishment is construed as restitution. The main advantage is that it prioritizes the victims but it can even benefit the criminal who wants to repay a debt in order to reconcile with those people he has wronged and be restored to society as an equal citizen. Restitution has other advantages over its main rivals-retribution, reform, and deterrence. It can better explain why failed attempts are punished less severely than successful crimes. Restitutionist principles are not compromised by shows of mercy. Restitution does better than its rivals in avoiding punishments that are excessive or too lenient. It can accommodate the satisfaction of vindictive feelings as a form of debt payment and "getting even" can even play a role in the restoration of the criminal and the victim to their pre-crime status. Restitution also better coheres with classical Christian views of posthumous punishment.

Original languageEnglish
Title of host publicationThe Oxford Handbook of the Philosophy of Punishment
PublisherOxford University Press
Pages142-156
Number of pages15
ISBN (Electronic)9780197750537
ISBN (Print)9780197750506
DOIs
StatePublished - Oct 22 2024

Keywords

  • Atonement
  • Debt
  • Harm
  • Hell
  • Mercy
  • Punishment
  • Reconciliation
  • Restitution
  • Revenge

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