Episode 256: The Right to Punish?

Here’s an episode with something for both of us – a healthy serving of Kantian rationalism for David with a dollop of Marxist criminology for Tamler. We discuss and then argue about Jeffrie Murphy’s 1971 paper “Marxism and Retribution.” For Murphy, utilitarianism is non-starter as a theory of punishment because it can’t justify the right of the state to inflict suffering on criminals. Retributivism respects the autonomy of individuals so it can justify punishment in principle – but not in practice, at least not in a capitalist system. So it ends up offering a transcendental sanction of the status quo. We debate the merits of Murphy’s attack on Rawls and social contract theory under capitalism, along with the Marxist analysis of the roots of criminal behavior. Plus – the headline says it all: Blame The Brain, Not Bolsonaro, For Brazil’s Riots. Sponsored By: BetterHelp: You deserve to be happy. BetterHelp online counseling is there for you. Connect with your professional counselor in a safe and private online environment. Our listeners get 10% off the first month by visiting BetterHelp.com/vbw. Promo Code: VBW ReThinking with Adam Grant Support Very Bad Wizards Links: What Neuroscience Tells Us About Insurrections | Essay Murphy, J. G. (1973). Marxism and retribution. Philosophy & Public Affairs, 217-243. Psych (with Paul Bloom and David Pizarro)