Rather than building the case for modal retributivism from the ground up, this article takes the existing components of retributive thought and reassembles them into a sounder structure. The cogency of the argument against harm-based retributivism andthe appeal of modal retributivism will likely be strongest forthose who allow reason, as opposed to intuition, a leading role in resolving moral issues.
Anthony M. Dillof,
Modal Retributivism: A Theory of Sanctions for Attempts and Other Criminal Wrongs,
U. Rich. L. Rev.
Available at: https://scholarship.richmond.edu/lawreview/vol45/iss2/7