Consequentialism

The consequentialist view of punishment such as, in particular, the utilitarian theory, has constituted the dominant approach to punishment for almost two centuries. However, the theory has very few advocates in modern considerations of punishment. In fact, it has become almost conventional to hold that the theory has been ultimately rejected. In this chapter it is argued that this contention is mistaken. First, a few initial comments on the nature and implications of the consequentialist view of punishment are outlined. Second, it is argued that the standard objection that has been repeatedly raised against the consequentialist view—i.e., the punishment of the innocent objection—is non-conclusive. It is suggested that the evaluation of an ethical theory is basically a comparative question and that the interpretation of the objection as a reductio ad absurdum argument is consequently premature. Third, a few comparative advantages of the consequentialist view of punishment are presented.