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Punishing to Send a Message †.

Angelo Ryu, Trenton Sewell

    Oxford Journal of Legal Studies
    |March 30, 2026
    PubMed
    Summary
    This summary is machine-generated.

    This study introduces expressivism as a novel justification for punishment, challenging consequentialism and retributivism. Expressivism posits that punishment

    Keywords:
    blameconsequentialismexpressivismpunishmentretributivism

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    Area of Science:

    • Philosophy of Law
    • Moral Philosophy
    • Ethics

    Background:

    • Adam Kolber's "Punishment for the Greater Good" argues for consequentialism over retributivism in justifying punishment.
    • This work challenges the consequentialism vs. retributivism dichotomy in punishment theory.

    Purpose of the Study:

    • To introduce and motivate expressivism as a distinct and viable alternative justification for punishment.
    • To demonstrate how expressivism can overcome objections typically raised against retributivism.
    • To highlight the advantages of expressivism compared to consequentialist theories of punishment.

    Main Methods:

    • Philosophical argumentation and conceptual analysis.
    • Developing expressivist theory to address specific objections.
    • Comparative analysis of expressivism, consequentialism, and retributivism.

    Main Results:

    • Expressivism offers a robust justification for punishment based on the expression of fitting messages.
    • Developed expressivism successfully avoids common objections leveled against retributivist theories.
    • Expressivism presents several advantages over consequentialist justifications for punishment.

    Conclusions:

    • Expressivism provides a compelling alternative framework for understanding the justification of punishment.
    • The study advocates for the adoption and further development of expressivist punishment theory.