David Bourget (Western Ontario)
David Chalmers (ANU, NYU)
Rafael De Clercq
Jack Alan Reynolds
Learn more about PhilPapers
Political Theory 35 (2):175-199 (2007)
In this essay I develop and defend a theory of state punishment within a wider conception of political legitimacy. While many moral theories of punishment focus on what is deserved by criminals, I theorize punishment within the specific context of the state’s relationship to its citizens. Central to my account is Rawls’s “liberal principle of legitimacy,” which requires that all state coercion be justifiable to all citizens. I extend this idea to the justification of political coercion to criminals qua citizens. I argue that the liberal principle of legitimacy implicitly requires states to respect the basic political rights of those who are guilty of committing crimes, thus prohibiting capital punishment.
|Keywords||punishment criminal law jurisprudence capital punishment rousseau contractualism rawls prison rights desert|
|Categories||categorize this paper)|
Setup an account with your affiliations in order to access resources via your University's proxy server
Configure custom proxy (use this if your affiliation does not provide a proxy)
|Through your library|
References found in this work BETA
No references found.
Citations of this work BETA
No citations found.
Similar books and articles
Patrick Lenta & Douglas Farland (2008). Desert, Justice and Capital Punishment. Criminal Law and Philosophy 2 (3):273-290.
Thom Brooks (2012). Punishment. Routledge.
Jami L. Anderson (1998). Understanding Punishment as Annulment. Social Philosophy Today 13:215-226.
Kimberley Brownlee (2008). Justifying Punishment: A Response to Douglas Husak. [REVIEW] Criminal Law and Philosophy 2 (2):123-129.
Thom Brooks (2004). Retributivist Arguments Against Capital Punishment. Journal of Social Philosophy 35 (2):188–197.
Frank Lovett (2007). Consent and the Legitimacy of Punishment: Response to Brettschneider. Political Theory 35 (6):806 - 810.
Corey Brettschneider (2011). Rights Within the Social Contract : Rousseau on Punishment. In Austin Sarat, Lawrence Douglas & Martha Merrill Umphrey (eds.), Law as Punishment/Law as Regulation. Stanford Law Books.
Adam Kolber (2012). Unintentional Punishment. Legal Theory 18 (1):1-29.
Adina Nicoleta Gavrilă (2011). Should the Death Penalty Be Abolished? Arguments for and Against the Centuries-Old Punishment. Journal for Communication and Culture 1 (2):82-98.
J. L. A. Garcia (1989). Deserved Punishment. Law and Philosophy 8 (2):263 - 277.
Zachary Hoskins (2011). ''Deterrent Punishment and Respect for Persons''. Ohio State Journal of Criminal Law 8 (2):369-384.
Antony Duff (2003). Punishment, Communication and Community. In Derek Matravers & Jonathan E. Pike (eds.), Debates in Contemporary Political Philosophy: An Anthology. Routledge, in Association with the Open University.
J. D. Shepherd (2012). A Human Right Not to Be Punished? Punishment as Derogation of Rights. Criminal Law and Philosophy 6 (1):31-45.
Douglas Lind (1994). Kant on Criminal Punishment. Journal of Philosophical Research 19:61-74.
Added to index2010-09-23
Total downloads131 ( #7,997 of 1,139,956 )
Recent downloads (6 months)15 ( #13,546 of 1,139,956 )
How can I increase my downloads?