Crime and isolation: Pereboom’s quarantine model, free will and retribution

The paper is devoted to the problem of criminal punishment. The main question of the ar­ticle is: for what purpose do we imprison criminals? The dominant approach to puni­shing criminals is based on retribution: if a person has committed a crime, knowing about the moral wrongness of his action, then he deserves punishment. This approach has intuitive persuasiveness. Critics argue that retributivist criminal law approach is largely based on a sense of revenge, is unable to ensure the deservedness of punishment and is not effective or humane. As an alternative, there are a number of models of punishment that are not guided by the idea of retribution. The article briefly examines consequentia­list theories of punishment. After that, the quarantine theory of Pereboom and Caruso is revealed, based on the idea of self-defense. Self-defense is achieved by isolating dange­rous members of society in prisons. This model promotes the development of non-prison methods of preventing recidivism and humanity towards prisoners. Moreover, this theory has a solid foundation – an extended right of people to self-defense.

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Publication Details

Journal
Philosophy Journal
Published
2025-03-17
DOI
https://doi.org/10.21146/2072-0726-2025-18-1-134-148
Primary Topic
Free Will and Agency
Type
article
Field-Weighted Citation Impact
0.00

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article

Crime and isolation: Pereboom’s quarantine model, free will and retribution

T. S. Demin
Philosophy Journal
Free Will and Agency
article

Crime and isolation: Pereboom’s quarantine model, free will and retribution

T. S. Demin
article en

Abstract

The paper is devoted to the problem of criminal punishment. The main question of the ar­ticle is: for what purpose do we imprison criminals? The dominant approach to puni­shing criminals is based on retribution: if a person has committed a crime, knowing about the moral wrongness of his action, then he deserves punishment. This approach has intuitive persuasiveness. Critics argue that retributivist criminal law approach is largely based on a sense of revenge, is unable to ensure the deservedness of punishment and is not effective or humane. As an alternative, there are a number of models of punishment that are not guided by the idea of retribution. The article briefly examines consequentia­list theories of punishment. After that, the quarantine theory of Pereboom and Caruso is revealed, based on the idea of self-defense. Self-defense is achieved by isolating dange­rous members of society in prisons. This model promotes the development of non-prison methods of preventing recidivism and humanity towards prisoners. Moreover, this theory has a solid foundation – an extended right of people to self-defense.

Philosophy JournalVol. 18(1)
Saint Petersburg State Electrotechnical University (RU)
Harvard University, University of Cambridge, University of Oxford
Openalex Percentile: Top 76%
Free Will and Agency
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