Verdienst und Vergeltung

After a period dominated by the preventionalist paradigm, retribution grew increasingly important during the last decades. Since this was desert-based, the author begins with an analysis of this key concept, concluding that there is no substantial and sufficient desert-based justification for punishment. He then considers three possible retributivist arguments which may be understood as explanations of desert: expressionistic theories arguing for punishment as the necessary expression of our disapproval of the lawbreaking, status theories claiming the necessity of retribution in order to defeat and annul the wrongdoer's claim of superiority over his victim and finally fairness theories which interpret the crime as the unfair advantage of the lawbreaker when he takes advantage of the law and does not comply with it himself. In this book, the author shows the initial plausibility of these approaches, but also why each of them ultimately fails. As prevention is also highly problematic, the author is sceptical of the justification for punishment and calls for a new paradigm for dealing with criminality.