Personhood, Equality, and a Possible Justification for Criminal Punishment

Canadian Journal of Law and Jurisprudence 27 (2):439-472 (2014)
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Abstract

The article examines the relationship between a wrongdoer and his victim. Based on this examination, a justification for criminal punishment is proposed. It is argued that crime violates thea prioriequality of constituent boundaries and of infinite human value between the wrongdoer and the victim. Criminal punishment re-equalizes respective boundaries and infinite human value. To develop this argument, the article observes how subject-subject boundaries are essential for the formation of separateness between subjects - separateness which is recognized and acknowledged by them in a cooperative process. The article further discusses the value of boundaries and the significance of theira prioriequality in every human relationship. It then shows how crime, which is intrusion of the victim’s boundaries, works to demolish the victim’s self-recognizing separateness and hence to create inequality in the parties’ value. Last, the article demonstrates that only punishment can reset the relationship between the parties and re-equate their (still infinite) human value in the relationship.

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Phenomenology of Perception.Aron Gurwitsch, M. Merleau-Ponty & Colin Smith - 1964 - Philosophical Review 73 (3):417.
The Morality of Freedom.Joseph Raz - 1986 - Philosophy 63 (243):119-122.
Equality and priority.Derek Parfit - 1997 - Ratio 10 (3):202–221.
Principia Ethica.George Edward Moore - 1903 - International Journal of Ethics 14 (3):377-382.

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