Communicative retribution as a constructivist theory of punishment - penal pain as a communicative artifact?
| Abstract | 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 | ||||||||||
| Options |
|
|||||||||
Download options| PhilPapers Archive |
Upload a copy of this paper Check publisher's policy on self-archival Papers currently archived: 5,653 |
| External links |
  Try with proxy. |
| Through your library | Only published papers are available at libraries |
Similar books and articlesKimberley 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).
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.
Analytics
Monthly downloads |
Added to index2009-05-03Total downloads5 ( #160,204 of 548,983 )Recent downloads (6 months)1 ( #63,327 of 548,983 )How can I increase my downloads? |
My notes
Discussion
