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Punishing to Send a Message †
Oxford Journal of Legal Studies
|March 30, 2026
Summary
This study introduces expressivism as a novel justification for punishment, challenging consequentialism and retributivism. Expressivism posits that punishment
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.
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02:20Milgram's Obedience to Authority
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01:21Operant Conditioning
Operant conditioning, a key concept in behavioral psychology, involves using reinforcement and punishment to alter the likelihood of a behavior being repeated. B.F. introduced this type of conditioning. Skinner focused on voluntary behaviors and the consequences that follow them, influencing whether these behaviors will be strengthened or diminished.
Reinforcement in operant conditioning can be positive or negative, both of which serve to increase the likelihood of a behavior. Positive...
Reinforcement in operant conditioning can be positive or negative, both of which serve to increase the likelihood of a behavior. Positive...
01:23Reinforcement
Positive and negative reinforcement are key concepts in operant conditioning, a learning process where the consequences of a behavior affect the likelihood of that behavior being repeated.
Positive reinforcement occurs when a behavior is followed by the presentation of a rewarding stimulus, increasing the frequency of that behavior. For example:
Positive reinforcement occurs when a behavior is followed by the presentation of a rewarding stimulus, increasing the frequency of that behavior. For example:
01:27Punishment
Negative reinforcement and punishment are often confused but serve distinct functions in behavior modification. Reinforcement, whether positive or negative, increases the likelihood of a desired behavior, while punishment decreases it.
Punishment can be positive or negative. Positive punishment involves adding an undesirable stimulus, such as scolding, to decrease a behavior. Negative punishment involves removing a desirable stimulus, such as taking away a favorite toy, to decrease behavior.
Punishment can be positive or negative. Positive punishment involves adding an undesirable stimulus, such as scolding, to decrease a behavior. Negative punishment involves removing a desirable stimulus, such as taking away a favorite toy, to decrease behavior.
01:08Timing and Consequences on Behavior
In operant conditioning, the timing of reinforcement is crucial. For animals like rats and cats, immediate reinforcement (within a few seconds) is much more effective than delayed reinforcement. For example, a food reward for a rat needs to follow within 30 seconds of pressing a bar to be effective.
Humans, however, can respond to delayed reinforcers. We often make decisions between immediate small rewards and delayed larger rewards. This ability to delay gratification is a significant factor...
Humans, however, can respond to delayed reinforcers. We often make decisions between immediate small rewards and delayed larger rewards. This ability to delay gratification is a significant factor...