Leibniz is typically thought to accept a purely retributive form of punishment. In this paper, I argue that, on the contrary, Leibniz takes all punishment to be ultimately justified by its contribution to the happiness of minds. While I marshal a number of texts that contradict the retributivist view, the core of my argument is that retributivism is incompatible with Leibniz's conception of justice as the charity of the wise. Instead, I argue that Leibniz has a ‘two-level’ conception of the just…
Read moreLeibniz is typically thought to accept a purely retributive form of punishment. In this paper, I argue that, on the contrary, Leibniz takes all punishment to be ultimately justified by its contribution to the happiness of minds. While I marshal a number of texts that contradict the retributivist view, the core of my argument is that retributivism is incompatible with Leibniz's conception of justice as the charity of the wise. Instead, I argue that Leibniz has a ‘two-level’ conception of the justification of punishment, according to which the practice of punishment (that is, the law) is justified by its contribution to the happiness of minds, while within the practice, individual cases of punishment are justified by the laws themselves. I further argue that Leibniz sees the system of laws as forming a harmony that is both valuable in itself and insofar as its contemplation produces pleasure in wise agents. It is the value of this harmony which, for Leibniz, justifies the consistent application of the laws.