Homicide in Aretaic Terms

Abstract

American law students are taught that there are two competing theories of punishment: the retributive theory and the deterrence theory. This is a mistake on the part of their teachers. Both retribution and deterrence are functions of punishment, not theories of punishment. Neither function justifies punishment or has any explanatory significance for issues such as the nature of excuse or proportionality—unless, that is, some moral theory attributes such a justificatory or explanatory role to it. What people usually mean when they refer to a retributive theory of punishment is a deontological theory of punishment, in which a moral duty to take retribution justifies punishment and similarly grounded moral duties are invoked to explain the features of a punishment system. What people usually mean when they refer to a