Episode 256: The Right to Punish?

Published: March 14, 2023, 7:30 p.m.

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Here\\u2019s an episode with something for both of us \\u2013 a healthy serving of Kantian rationalism for David with a dollop of Marxist criminology for Tamler. We discuss and then argue about Jeffrie Murphy\\u2019s 1971 paper \\u201cMarxism and Retribution.\\u201d For Murphy, utilitarianism is non-starter as a theory of punishment because it can\\u2019t justify the right of the state to inflict suffering on criminals. Retributivism respects the autonomy of individuals so it can justify punishment in principle \\u2013 but not in practice, at least not in a capitalist system. So it ends up offering a transcendental sanction of the status quo. We debate the merits of Murphy\\u2019s attack on Rawls and social contract theory under capitalism, along with the Marxist analysis of the roots of criminal behavior.

Plus \\u2013 the headline says it all: Blame The Brain, Not Bolsonaro, For Brazil\\u2019s Riots.

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