Friday, June 8, 2018
Galoob on Kolber on Retributivism
Stephen Galoob (University of Tulsa College of Law) has posted Kolber's Teaser (2018 University of Illinois Law Review Online) on SSRN. Here is the abstract:
This paper responds to Adam Kolber's Punishment and Moral Risk. An ambitious reading of Kolber's thesis is that restributivist theories of punishment are untenable in light of normative uncertainty. In support of this thesis, Kolber offers a novel argument that resembles a "teaser" bet.
I first describe Kolber's teaser strategy, then argue that it does not provide a compelling internal critique of retributivism.
I first describe Kolber's teaser strategy, then argue that it does not provide a compelling internal critique of retributivism.
Second, Kolber's teaser strategy ignores what seems to be the most compelling line of response from retributivists, one based on what (after Rawls) I call the "normative division of labor." Therefore, Kolber's teaser gambit fails to provide a compelling internal critique of retributivism.
https://lawprofessors.typepad.com/crimprof_blog/2018/06/galoob-on-kolber-on-retributivism.html