ABSTRACT
As was discussed in Chapter 3, the reasons that utilitarianism has lost favour as a justificatory theory of punishment are not primarily concerned with whether it can adequately justify punishment. Even most retributivists agree that the simple appeal to overall good consequences serves as a sound justification for punishment. The main criticisms of the utilitarian theory are directed at the perceived inability of utilitarianism to confine punishment and other forms of harsh treatment to wrongdoers.
