Communicative retribution as a constructivist theory of punishment - penal pain as a communicative artifact?
David Bourget (Western Ontario)
David Chalmers (ANU, NYU)
Rafael De Clercq
Jack Alan Reynolds
Learn more about PhilPapers
Theories of punishment accentuating its communicative dimension have soared for the past years, not only in Europe but also in the U.S. Some academics have criticized their inability to adequately explain the physical dimension of punishment, i.e., the so-called “penal pain”. This essay aims at providing the foundations of a communicative theory of punishment based on constructivist epistemology which conceives of “penal pain” as a communicative artefact used by the legal system.
|Keywords||No keywords specified (fix it)|
|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
Kimberley Brownlee (2007). The Communicative Aspects of Civil Disobedience and Lawful Punishment. Criminal Law and Philosophy 1 (2):179-192.
Mark C. Murphy (2009). Not Penal Substitution but Vicarious Punishment. Faith and Philosophy 26 (3):253-273.
Bill Wringe (2010). War Crimes and Expressive Theories of Punishment: Communication or Denunciation? Res Publica 16 (2):119-133.
Steven L. Porter (2004). Swinburnian Atonement and the Doctrine of Penal Substitution. Faith and Philosophy 21 (2):228-241.
Lawrence B. Solum (1989). Freedom of Communicative Action. Northwestern University Law Review 83 (1):54-135.
Christopher Ciocchetti (2004). Punishment, Reintegration, and Atypical Victims. Criminal Justice Ethics 23 (2):25-38.
Alan Brudner (2009). Punishment and Freedom: A Liberal Theory of Penal Justice. Oxford University Press.
Christopher Bennett (2006). State Denunciation of Crime. Journal of Moral Philosophy 3 (3):288-304.
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.
Added to index2009-05-03
Total downloads8 ( #241,105 of 1,696,506 )
Recent downloads (6 months)1 ( #342,645 of 1,696,506 )
How can I increase my downloads?