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Reason, Morality, and LawThe Philosophy of John Finnis$
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John Keown and Robert P. George

Print publication date: 2013

Print ISBN-13: 9780199675500

Published to Oxford Scholarship Online: May 2013

DOI: 10.1093/acprof:oso/9780199675500.001.0001

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PRINTED FROM OXFORD SCHOLARSHIP ONLINE (oxford.universitypressscholarship.com). (c) Copyright Oxford University Press, 2021. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in OSO for personal use. date: 27 January 2021

Retributivism in the Spirit of Finnis *

Retributivism in the Spirit of Finnis *

(p.167) 11 Retributivism in the Spirit of Finnis*
Reason, Morality, and Law

Matthew H. Kramer

Oxford University Press

John Finnis' contributions to the philosophy of criminal law have received somewhat less attention than a number of his other jurisprudential insights. This chapter highlights the virtues of his work on the central purpose of punishment, by elaborating a version of retributivism that is quite closely similar to his. The arguments are significantly different from those which Finnis presents — for example, no importance is attached whatsoever to the degree of correspondence between the author's positions and those advocated by Thomas Aquinas or other medieval philosophers. The upshot of this discussion is to underscore the solidity of Finnis' reflections on the moral role of punishment.

Keywords:   retributivism, punishment, John Finnis, philosophy of criminal law

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