Punishment and Compensation

Abstract

The article analyzes the conceptual connections between punishment and compensation, highlighting their differences and similarities within the legal context. George P. Fletcher argues that both concepts possess extrinsic and intrinsic dimensions. The extrinsic perspective focuses on the effects of sanctions, such as deterrence and behavioral change, while the intrinsic perspective examines the proportionality of the sanction to the wrongful act or damage caused. Fletcher critiques the economic approach in jurisprudence for neglecting the intrinsic dimension, emphasizing the need for corrective justice to ensure moral and material reparation for victims. Furthermore, the author confronts utilitarian and deontological theories, proposing an integrated view that considers both social outcomes and intrinsic fairness. The article challenges traditional approaches, advocating for a conceptual analysis as a foundation for better understanding the normative structure of punishment and compensation in contemporary legal systems.