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Article . 1972 . Peer-reviewed
Data sources: Crossref
https://doi.org/10.1093/acprof...
Part of book or chapter of book . 2011 . Peer-reviewed
Data sources: Crossref
Analysis
Article . 1972 . Peer-reviewed
Data sources: Crossref
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The restoration of retribution

Authors: John Finnis;

The restoration of retribution

Abstract

AbstractThis chapter shows how Hart's account of restorative justice in relation to torts, in The Concept of Law, suggests an account of retributive justice in relation to crimes. Such an account is partially developed by Jeffrie Murphy, but needs the completion that is afforded when what the offender gains in the act of offending is correctly identified, along with the responsiveness of punishment precisely to that gain. Punishment has as its general justifying aim the restoration of the fair balance of advantages and disadvantages between citizens that was disrupted by the crime (when committed with full mensrea). The relations between this account and the different accounts of punishment's aim by Aquinas, Kant, and utilitarianism are traced.

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selected citations
These citations are derived from selected sources.
This is an alternative to the "Influence" indicator, which also reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Citations provided by BIP!
popularity
This indicator reflects the "current" impact/attention (the "hype") of an article in the research community at large, based on the underlying citation network.
BIP!Popularity provided by BIP!
influence
This indicator reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Influence provided by BIP!
impulse
This indicator reflects the initial momentum of an article directly after its publication, based on the underlying citation network.
BIP!Impulse provided by BIP!
121
Average
Top 10%
Average
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