Justifying Punishment: A Response to Douglas Husak [Book Review]
David Bourget (Western Ontario)
David Chalmers (ANU, NYU)
Rafael De Clercq
Ezio Di Nucci
Jack Alan Reynolds
Learn more about PhilPapers
Criminal Law and Philosophy 2 (2):123-129 (2008)
In ‘Why Criminal Law: A Question of Content?’, Douglas Husak argues that an analysis of the justifiability of the criminal law depends upon an analysis of the justifiability of state punishment. According to Husak, an adequate justification of state punishment both must show why the state is permitted to infringe valuable rights such as the right not to be punished and must respond to two distinct groups of persons who may demand a justification for the imposition of punishment, namely, individuals subjected to punishment and the society asked to support the institution of punishment. In this discussion, I analyse Husak’s account of the right not to be punished with an eye to showing that the parameters of that right do not extend to the cases that would make it controversial. I also consider two other distinct groups of persons who have equal standing to alleged offenders and society to demand justification for the imposition of state punishment, namely, direct victims of crimes and criminal justice officials
|Keywords||Criminal law Douglas Husak Justification State punishment Rights|
|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
John Rawls (1955). Two Concepts of Rules. Philosophical Review 64 (1):3-32.
John Tasioulas (2006). Punishment and Repentance. Philosophy 81 (2):279-322.
John Gardner (2003). The Mark of Responsibility. Oxford Journal of Legal Studies 23 (2):157-171.
Citations of this work BETA
No citations found.
Similar books and articles
Greg Roebuck & David Wood (2011). A Retributive Argument Against Punishment. Criminal Law and Philosophy 5 (1):73-86.
Richard Lippke (2010). Punishing the Guilty, Not Punishing the Innocent. Journal of Moral Philosophy 7 (4):462-488.
David Wood (2010). Punishment: Consequentialism. Philosophy Compass 5 (6):455-469.
Jane Johnson (2008). Revisiting Kantian Retributivism to Construct a Justification of Punishment. Criminal Law and Philosophy 2 (3):291-307.
Corey Brettschneider (2007). The Rights of the Guilty. Political Theory 35 (2):175-199.
Douglas Lind (1994). Kant on Criminal Punishment. Journal of Philosophical Research 19:61-74.
Austin Sarat, Lawrence Douglas & Martha Merrill Umphrey (eds.) (2011). Law as Punishment/Law as Regulation. Stanford Law Books.
Michael Cholbi (2010). Compulsory Victim Restitution is Punishment: A Reply to Boonin. Public Reason 2 (1):85-93.
Michael Otsuka (1996). Quinn on Punishment and Using Persons as Means. Law and Philosophy 15 (2):201 - 208.
J. D. Shepherd (2012). A Human Right Not to Be Punished? Punishment as Derogation of Rights. Criminal Law and Philosophy 6 (1):31-45.
Added to index2010-08-10
Total downloads43 ( #99,907 of 1,911,593 )
Recent downloads (6 months)1 ( #457,720 of 1,911,593 )
How can I increase my downloads?