Punishment as deterrence: Reply to Sprague

Philosophical Quarterly 55 (218):98–101 (2005)
In my 'A Deterrence Theory of Punishment', I argued that a deterrence system of punishment can avoid the charge that it illegitimately uses offenders if its punishments are carried out 'quasiautomatically': threats are issued by a legislature for deterrent purposes, but those who carry out the punishments have no authority to take deterrent considerations into account. Sprague has objected that under such a system, those who carry out punishments will be unable to justify their actions. I reply that if it is justifiable to set up the system in this way in the first place, then this justification will transmit to all actions carried out under it; and that it is justifiable to set up an institution of punishment in this way
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DOI 10.1111/j.0031-8094.2005.00388.x
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References found in this work BETA
Anthony Ellis (2003). A Deterrence Theory of Punishment. Philosophical Quarterly 53 (212):337–351.
Warren Quinn (1985). The Right to Threaten and the Right to Punish. Philosophy and Public Affairs 14 (4):327-373.
Michael Sprague (2004). Who May Carry Out Protective Deterrence? Philosophical Quarterly 54 (216):445 - 447.

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