"justice ... Empiricism fails us here, we're arguing over values."
Values can depend on descriptive background assumptions and in such cases value arguments can improve by making progress on factual topics. In the case of the justness of punishment: the topic of determinism. The recent discussion by Daniel Dennett and Greg Caruso in their book "Just Deserts - Debating Free Will" is a useful read.
Values can depend on descriptive background assumptions and in such cases value arguments can improve by making progress on factual topics. In the case of the justness of punishment: the topic of determinism. The recent discussion by Daniel Dennett and Greg Caruso in their book "Just Deserts - Debating Free Will" is a useful read.