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<p>Kolber’s <i>Punishment for the Greater Good</i> solidifies his reputation as the most astute living critic of retributive theories of punishment. But his book does not even <i>attempt</i> to defend a consequentialist alternative. Instead, he hopes to evade crucial issues by focusing on a justification of <i>incarceration</i> rather than that of <i>punishment.</i> I question whether Kolber’s rationale for focusing on incarceration rather than punishment is persuasive. <i>Whatever</i> punishment is taken to be by a consequentialist—which I describe as <i>quasi-punishment</i>—it is certain to differ radically from familiar retributivist accounts. Because of Kolber’s professed agnosticism—his failure to tell us what punishment <i>is—</i>we remain unclear about the details of the practice that rival theories aspire to justify.</p>

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The Perils of Punishment Definition Agnosticism

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  • 发表日期：

    2025年10月22日

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  • Doug Husak

摘要

Kolber’s Punishment for the Greater Good solidifies his reputation as the most astute living critic of retributive theories of punishment. But his book does not even attempt to defend a consequentialist alternative. Instead, he hopes to evade crucial issues by focusing on a justification of incarceration rather than that of punishment. I question whether Kolber’s rationale for focusing on incarceration rather than punishment is persuasive. Whatever punishment is taken to be by a consequentialist—which I describe as quasi-punishment—it is certain to differ radically from familiar retributivist accounts. Because of Kolber’s professed agnosticism—his failure to tell us what punishment is—we remain unclear about the details of the practice that rival theories aspire to justify.