# Punishing to Send a Message

**Authors:** Angelo Ryu, Trenton Sewell

PMC · DOI: 10.1093/ojls/gqaf034 · Oxford Journal of Legal Studies · 2025-10-13

## TL;DR

This paper argues that punishment should be justified by the message it conveys, offering an alternative to both retributive and consequentialist views.

## Contribution

The paper introduces expressivism as a novel alternative to the retributive-consequentialist debate in punishment theory.

## Key findings

- Expressivism can avoid objections raised against retributivism.
- Expressivism offers advantages over consequentialism in justifying punishment.
- Expressivism is positioned as a viable and distinct ethical framework for punishment.

## Abstract

In Punishment for the Greater Good, Adam Kolber defends consequentialism as a better justification for punishment than retributivism. Here, we reject the dichotomy and seek to motivate expressivism as a genuine alternative. According to expressivism, what justifies punishment is its expression of a fitting message. We show how expressivism can be developed to avoid Kolber's objections to retributivism, while having a number of advantages over his preferred consequentialism.

## Full text

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Source: https://tomesphere.com/paper/PMC13017693