Praise and Blame and Robinson

Daniel Robinson suggests that much of the civil and criminal law "serves as the institutionalized form of praise and blame". Indeed it does. Pulling at this thread of Robinson's tapestry leads the reader straightaway to a host of truths about how law and morality not only intersect, but work together in harmony. "[L]aw", Robinson says, is a "vivid expression[ ] of deeper and impenetrably complex moral theories". This essay explores several of these harmonies, but focuses on two. One is that political society must be seen as the cooperation of free persons according to law, which persons hold common moral understandings. The second has to do with retribution as the moral justifying aim of punishing criminals. The author goes beyond Robinson's limited praise of retribution, and shows that some central features of our practice of punishment are understandable only within the retributive framework.