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Punishing Wrongs from the Distant Past
1Oxford Uehiro Centre for Practical Ethics, University of Oxford, Suite 8, Littlegate House, 16-17 St Ebbes Street, Oxford, OX1 1PT, UK.
Law and Philosophy
|June 29, 2019
Summary
Perpetrators of past wrongs may still be punished for ongoing failures to make amends, even if direct punishment for the original offense is limited. This approach addresses diminishing culpability over time.
Area of Science:
- Moral Philosophy
- Ethics
- Punishment Theory
Background:
- The Parfit-inspired account of culpability suggests that diminished psychological connection between a person's past and present selves reduces culpability for past wrongs.
- A culpability-based limit on punishment implies that perpetrators of distant past wrongs might receive reduced or no punishment.
Purpose of the Study:
- To develop a strategy to justify punishment for perpetrators of distant past wrongs despite diminishing culpability.
- To propose that individuals can be punished for ongoing failures to rectify past wrongs.
Main Methods:
- Philosophical argumentation
- Analysis of culpability and punishment theory
- Defense against objections
Main Results:
- Argues that perpetrators of distant past wrongs can be permissibly punished for their continued failure to rectify earlier wrongs.
- Addresses and refutes objections to this proposed justification for punishment.
Conclusions:
- The strategy provides a basis for continued punishment for distant past wrongs.
- Explores the extent of punishment justifiable under this revised framework.
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