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16 J. Value Inquiry 3 (1982)

handle is hein.journals/jrnlvi16 and id is 1 raw text is: J. Value Inquiry 16:3-20 (1982) 0022-5363/82/0161-0003 $2.70. © 1982 Martinus Nijhoff Publishers, The Hague. Printed in the Netherlands. Articles JUST ETHICAL PUNISHMENT HAIG KHATCHADOURIAN University of Wisconsin - Milwaukee I In this paper, I shall attempt to answer the following questions: What is the nature and the purpose of (1) morally justified, hence just ethical punishment, and (2) atonement or expiation of a moral offender's guilt; and what is the relation between the two? By the term 'ethical punishment' I mean punishment for moral violations. For I think that it will be vaguely felt, if not also generally conceded, that justice requires the punishment of a moral wrongdoer; in just the same way that justice is commonly thought to require punishment at least for serious infractions of the law. 'Ethical punishment' in my usage does not refer to morally good (including just) punishment in general; consequently, as far as this goes, no contradiction is involved in speaking of unjust or bad ethical punishment. The word 'ethical' here is intended to mark off a kind of punishment in terms of its object or what it is punishment for. This should be clearly distinguished from the purpose or objective of the punishment; the results the punishment is intended to have, directly or indirectly. For 'punishment for' is also ordinarily used in this latter way. Three fundamental matters must be initially distinguished: (a) the nature of punishment in general; (b) the forms of punishment; and (c) the purpose of punishment. The nature and the purpose of punishment should be distinguished, though the two are closely connected. In fact, we frequently include its purpose in ordinarily speaking of what punishment is. Punishing a person, animal, etc., is a certain kind of activity indulged in by some individual, group, institution or other organization. It is necessarily indulged in by sentient beings or groups or organizations of sentient beings, and is directed toward some sentient being or group or organization of such beings. Being punished is a state of being, experience or state of affairs endured by the punished person or persons, etc., and is the logical counterpart or result of the activity of punishing. Broadly conceived, punishing a person in general consists in his (i) being deprived of some value to which he is otherwise entitled,' or (ii) being subjected to certain

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