‘Legitimate Vengeance’ Through Punishment, Common-Sense Morality, and In-Group Identity: Why Does a Punitive Approach Appeal to Populists?

• In Event: Crime, Science and Politics WG Panel 8: Crime, Media, and Populist Discourse

Abstract

Penal populism is a form of populism, defined by John Pratt (2007) as public hostility toward criminals and advocacy for harsh punishments, prioritising community interests over defendants’ rights. But why is a punitive approach so appealing to those with populist attitudes? What do growing populist movements seek to achieve through punishment?
The rise of (penal) populism stems from neoliberal shifts since the late 20th century—widening class gaps, rising unemployment, and economic crises—which have generated widespread feelings of powerlessness among citizens. In this context, this paper argues that punishment serves as a means for the public to regain a sense of power, as it resonates with common-sense moral beliefs and strengthens social cohesion. Drawing on common-sense philosophy, this paper contends that ‘just deserts’ beliefs are rooted in early moral development, where common-sense morality is established—widely agreed-upon principles such as prohibiting killing and harm—functioning as an intuitive guide for everyday decision-making. Over time, this informal yet efficient moral system becomes a hegemonic framework embedded in civil society.
When criminal acts violate this moral framework, people experience anger and outrage, perceiving such transgressions as threats to their sense of belonging. These emotional responses sharpen the divide between ‘us’ (law-abiding citizens) and ‘them’ (criminals), effectively marginalising offenders and reinforcing the public’s identification with the larger law-abiding community. These emotions fuel populist—and in some cases, extremist—attitudes. Through the execution of punishment, public condemnation and outrage are symbolically validated through state action—the most authoritative means available. Punishment, therefore, becomes a form of ‘legitimate vengeance’, allowing people to reassert their moral standing and collective power through the justice system. This dynamic explains why punitive approaches are central to populist movements: they restore a sense of control to those who feel increasingly powerless in contemporary society.

Author

• Jianxuan Hu, Durham University Law School