ABSTRACT
Quinton interprets retributivism as de manding that a person be guilty before he may be punished. In order to evaluate retributivism people must try to separate the principle of retribution from the principle of justice. The simplest theory of the justification of punishment is met in the law student's first brush with criminal law. Quinton defends utilitarianism by interpreting retributivism as a noncompetitor. "Two Concepts of Rules," John Rawls' early and influential article, directly addresses punishment. It is concerned with utilitarian justification and puts forth an ingenious model called "rule-utilitarianism." Many theorists offer a different criticism of rule-utilitarianism. Quinton and Rawls exemplify the utilitarian or forward-looking mode while Hart offers an account that gives sound attention to both modes without trying to reconcile them at the theoretical level. The familiar opposition between maximizing the collective happiness or satisfaction and satisfying justice is a chimera.
