Taking Guilt Seriously
This chapter identifies two kinds of guilt and considers how the retributive theory of punishment sits in relation to them. It draws on two lines in psychoanalytic theory, Melanie Klein’s object relations approach, and the Hans Loewald and Jonathan Lear development of the later Freud’s structural theory in terms of an ontology of love. The two kinds of guilt may be termed ‘early’ and ‘mature’, where the former entails a punitive and persecutory attitude of condemnation to a perpetrator, the latter an account which emphasizes restoration or atonement through making good. Considering Jeffrie Murphy’s account, I argue that the problem for retributivism is that there is at least an historical logic in how it is deployed in modern society, in terms of an early guilt which tends to the punitive and persecutory. An alternative guilt that is restorative and atoning might inform another retributive theory, one that was mature in its understanding of how serious violation should be addressed.