Retributivism and Value Pluralism

by Re’em Segev and Ofer Malcai

In this post, we argue that despite the initial plausibility of this common view, one cannot be both, a retributivist, and a value pluralist, in one’s theory of criminal punishment. We argue that the value of desert is unique in that it dispels other values, such that they do not count even pro tanto. Thus other values cannot be balanced against desert – desert simply displaces those values so that they do not count.