ABSTRACT
This chapter analyses the most influential retributive theories of punishment: intrinsic retributivism; the unfair advantage theory; and the theories advanced by RA Duff and Andrew von Hirsch. It concludes that none of these theories is able to provide a justification for punishment. The most pervasive flaw with retributive theories is that they are unable to substantiate the link between crime and punishment without relying on consequentialist considerations. It is argued that the shortcomings of the retributive theories are so grave that we should reject retributivism as a worthwhile legal and philosophical concept and look elsewhere for a justificatory theory of punishment. In the process, the manner in which utilitarianism deals with many of the problems plaguing retributive theories is also considered.
