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 language | English |
|---|---|
| Title of host publication | The Oxford Handbook of the Philosophy of Punishment |
| Publisher | Oxford University Press |
| Pages | 142-156 |
| Number of pages | 15 |
| ISBN (Electronic) | 9780197750537 |
| ISBN (Print) | 9780197750506 |
| DOIs | |
| State | Published - Oct 22 2024 |
Keywords
- Atonement
- Debt
- Harm
- Hell
- Mercy
- Punishment
- Reconciliation
- Restitution
- Revenge
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