We tend to think that if we are rewarded or punished, it is due to the fact that we deserve it – that we did something that merits such praise or blame. In this article, I am interested in its relationship with criminal responsibility and criminal punishment. Whilst desert is an important concept in criminal responsibility its importance is, at times, undeveloped. My aim in this work is not to reject desert or deny its importance in criminal punishment. Instead, I will rework the concept of desert defended mainly by retributivism. I will approach this issue by considering the problem of desert in relation to rewards and punishment. Furthermore, I distinguished between two particular ways in which desert plays different and important roles: formal desert and material desert.
Copyright (c) 2021 Gustavo Beade
This work is licensed under a Creative Commons Attribution 4.0 International License.
Authors who publish with this journal agree to the following terms:
Authors retain copyright and grant the journal right of first publication with the work simultaneously licensed under a Creative Commons Attribution License that allows others to share the work with an acknowledgement of the work's authorship and initial publication in this journal.
Authors are able to enter into separate, additional contractual arrangements for the non-exclusive distribution of the journal's published version of the work (e.g., post it to an institutional repository or publish it in a book), with an acknowledgement of its initial publication in this journal.
Authors are permitted and encouraged to post their work online (e.g., in institutional repositories or on their website) prior to and during the submission process, as it can lead to productive exchanges, as well as earlier and greater citation of published work.