Punishment as Deterrence: Reply to Sprague
Philosophical Quarterly 55 (218):98 - 101 (2005)
| Abstract | 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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By Anthony Ellis (2005). Punishment as Deterrence: Reply to Sprague. Philosophical Quarterly 55 (218):98–101.
Anthony Ellis (2003). A Deterrence Theory of Punishment. Philosophical Quarterly 53 (212):337–351.
By Michael Sprague (2004). Who May Carry Out Protective Deterrence? Philosophical Quarterly 54 (216):445–447.
Zachary Hoskins (2011). ''Deterrent Punishment and Respect for Persons''. Ohio State Journal of Criminal Law 8 (2):369-384.
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Adam J. Kolber (2009). The Subjective Experience of Punishment. Columbia Law Review 109:182.
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R. A. Duff (2013). Punishment and the Duties of Offenders. Law and Philosophy 32 (1):109-127.
Suzanne Uniacke (forthcoming). Punishment as Penalty. Criminal Law and Philosophy:1-11.
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