Positive retributivism, or simply “retributivism”, involves both positive and negative desert claims. The positive desert claim holds that wrongdoers morally deserve punishment for their wrongful acts (see section 4.6 for a discussion of the deontic and consequentialist dimensions of this).
Retributivism is a theory of criminal punishment which states that wrongdoers should be punished for their wrongdoing proportionate to the severity of their crime rather than to deter future crime or to rehabilitate them.
Retributive justice is a legal concept whereby the criminal offender receives punitive damages proportional or similar to the crime.
Retributivism is both a general theory of punishment and also a theory about all the more discrete questions about the criminal law, right down to the question of whether and how much each particular offender should be punished.
Individual members of the family differ from one another on many issues, including what it is that wrongdoers deserve and what is the character and force of the fact that they deserve it.
We have now reviewed the three key aspects of Kant’s defense of retributivism: his rejection of all forward-looking justifications of punishment, his defense of proportionality, and his defense of a modified law of retribution.
Retribution is based on the concept of lex talionis —that is, the law of retaliation. At its core is the principle of equal and direct retribution, as expressed in Exodus 21:24 as “an eye for an eye.” Destroying the eye of a person of equal social standing meant that one’s own eye would be put out.
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