Philosophy of Law 3/1/2012 Contractual Theory: A Reasonable Approach to Punishment By definition society is, "a cooperative venture for mutual advantage." I am a beneficiary of services that our society graciously offers me. Items like, medical care, education public transportation, law enforcement, and national defense. It is plain to see that my wellbeing is far better off with these benefits. Claire Finkelstein calls this concept the "benefit factor," a key concept of her contractual theory. The principle that society leaves individuals better off then they would be in its absence....
hold our society together as underline norms. The majority of us pledged allegiance in grade school, "with liberty and justice for all," cultivating commitment to these norms.

Claire Finkelstein believes punishment is justifiable if people consent to it. Gaining from a society that cooperates with each other would motivate people to consent. On this basis she feels punishment it is justified. She is also suggesting deterrence and retribution fail at this task. I would agree her consensual theory of punishment is a properly justified. Claire Finkelstein draws a good middle ground between retribution and deterrence theory.