RETRIBUTIVISM
retributivism (ri-trib-y<<schwa>>-t<<schwa>>-viz-<<schwa>>m). The legal theory by
which criminal punishment is justified, as long as the offender is morally accountable, regardless
of whether deterrence or other good consequences would result. • According to retributivism, a
criminal is thought to have a debt to pay to society, which is paid by punishment. The punishment
is also sometimes said to be society’s act of paying back the criminal for the wrong done.
Opponents of retributivism sometimes refer to it as “vindictive theory.” Cf. hedonistic
utilitarianism under UTILITARIANISM; UTILITARIAN-DETERRENCE THEORY Y. [Cases:
Sentencing and Punishment 44.]
maximalist retributivism.The classical form of retributivism, espoused by scholars such as
Immanuel Kant, under which it is argued that society has a duty, not just a right, to punish a
criminal who is guilty and culpable, that is, someone who has no justification or excuse for the
illegal act.
minimalist retributivism.The more contemporary form of retributivism, which maintains that
no one should be punished in the absence of guilt and culpability (that is, unless punishment is
deserved), and that a judge may absolve the offender from punishment, wholly or partially, when
doing so would further societal goals such as rehabilitation or deterrence. [Blacks Law 8th]