Haig Khatchadourian

THE PAPER ANALYZES THE NATURE, FORMS AND PURPOSE OF JUST ETHICAL PUNISHMENT, LAYING DOWN THE NECESSARY CONDITIONS FOR IT. THEY INCLUDE: (1) SELF-ADMINISTRATION OF PUNISHMENT; (2) PROPORTIONALITY OF PUNISHMENT (DEPRIVATION OF VALUES, MENTAL PAIN, ETC.) TO THE VICTIM’S DEPRIVATION OF VALUES AND HIS PAIN; (3) NON-INFLICTION OF PHYSICAL PAIN OR MENTAL CRUELTY; AND (4) THE PUNISHER’S MORAL ENTITLEMENT (AND PROPER EXERCISE OF THE RIGHT) TO PUNISH THE OFFENDER. THE CONCLUDING SECTION CONSIDERS WITTGENSTEIN’S VIEW THAT ETHICAL PUNISHMENT "MUST RESIDE IN THE (WRONG) ACTION ITSELF," AND THE CHRISTIAN VIEW OF ETHICAL PUNISHMENT, RELATING THEM TO THE EARLIER DISCUSSION

Compensation and reparation are two parts or forms of compensatory or corrective justice. This essay aims, first, to distinguish, define, and analyze these two forms as against distributive and penal justice; and, second, to provide a moral justification of a system or social practice of compensation and of reparation, drawing on the ideas of Aristotle, William Blackstone, Bernard Boxill, John Rawls, and James Sterba. Then, by applying the results of the analysis to the first genocide of the twentieth century, the Armenian genocide, it illustrates certain difficulties in realizing reparative justice when the wrongful injury is perpetrated by a sovereign state, and it emphasizes the paramount importance in such cases of the acknowledgment of wrong by the perpetrator.