Jonathan A. Jacobs

THERE IS AN IMPORTANT RESPECT in which virtue-centered ethical realism needs to be more Aristotelian than it is typically willing to admit. This concerns the way in which teleological considerations need to be more explicitly acknowledged. Reflection on moral phenomenology, discourse, and practice supports realism and also reveals that teleological considerations cannot be entirely disowned by it. The teleology is not a grand teleology, however; it is not the view that there is a unique perfection of human nature, and it is not the view that ethics is read off of a teleological metaphysics. On the other hand, this is not just the teleology of this and that particular subjective project, concern, or purposive action.

The main claims are the following. If we keep before us the distinction between the justification of punishment and its aims, we see that retribution is not an aim of punishment, and that there is a central place for retributivist considerations in the justification of punishment. Justifications based upon aims or consequentialist considerations suffer from a serious epistemic vulnerability not shared by retributivism. There are ethically sound sentiments that underwrite retributivist justification, and it would be a mistake to redeploy those sentiments. The ethical authority of those sentiments justifies punitive sanction. Retributivist justification is compatible with consequentialist aims

There are several reasonable conceptions of liberalism. A liberal polity can survive a measure of disagreement over just what constitutes liberalism. In part, this is because of the way a liberal order makes possible a dynamic, heterogeneous civil society and how that, in turn, can supply participants with reasons to support a liberal political order. Despite the different conceptions of justice associated with different conceptions of liberalism, there are reasons to distinguish the normative focus of criminal justice from other aspects of justice in a liberal polity. Given the fundamental commitments of liberalism?of whatever variant?there are reasons for criminal justice not to be assimilated to wider conceptions of justice overall. Such assimilation risks undermining some of liberalism's distinctive commitments concerning the standing of individuals as voluntary, responsible agents. Criminal justice is not independent of other aspects of justice but has a distinct focus in a liberal polity