Testing the Expressive Theory of Punishment

Kenworthey Bilz

Journal of Empirical Legal Studies, 2016, vol. 13, issue 2, 358-392

Abstract: This article presents empirical support for the argument that punishment of a wrongdoer affects the social standing of the victim. This argument is most closely associated with the expressive theory of punishment, especially as articulated by the moral philosopher Jean Hampton (Murphy & Hampton ; Hampton ). In three experiments I show support for the basic point of Hampton's expressive theory, that punishing a criminal offender does increase the victim's social standing in the community, and failing to punish diminishes it. I show this effect across three very different types of crime: rape, credit theft, and battery. I also test some logical extensions of Hampton's expressive theory of punishment. For instance, if victims gain or lose social standing as a result of punishing, so—inversely—should offenders. In addition, different punishers should affect different sources of social standing (such as ingroup vs. outgroup standing). Finally, the effects on perceived social standing should be felt not just by victims, but by third‐party observers as well. I find support for these subsidiary predictions.

Date: 2016
References: View complete reference list from CitEc
Citations: View citations in EconPapers (4)

Downloads: (external link)
https://doi.org/10.1111/jels.12118

Related works:
This item may be available elsewhere in EconPapers: Search for items with the same title.

Export reference: BibTeX RIS (EndNote, ProCite, RefMan) HTML/Text

Persistent link: https://EconPapers.repec.org/RePEc:wly:empleg:v:13:y:2016:i:2:p:358-392

Access Statistics for this article

More articles in Journal of Empirical Legal Studies from John Wiley & Sons
Bibliographic data for series maintained by Wiley Content Delivery ().