David Bourget (Western Ontario)
David Chalmers (ANU, NYU)
Rafael De Clercq
Jack Alan Reynolds
Learn more about PhilPapers
Law and Philosophy 15 (2):201 - 208 (1996)
In The Right to Threaten and the Right to Punish, Warren Quinn justifies punishment on the ground that it can be derived from the rights of persons to protect themselves against crime. Quinn, however, denies that a right of self-protection justifies the punishment of an aggressor solely on the ground that such punishment deters others from harming the victim of that aggression or others. He believes that punishment so justified would constitute a morally objectionable instance of using the punished individual as a means. Contrary to Quinn, I argue that (1) an individual can, on the very ground of a right to self-protection that Quinn ultimately relies upon to justify punishment, justify the punishment of an individual as a means of deterring others from committing crimes; and that (2) an individual or individuals (including state officials) can, on the ground of vindicating the right of protection that others possess, justify the punishment of an individual as a means of deterring others from committing crimes.
|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
J. Angelo Corlett (2001). Making Sense of Retributivism. Philosophy 76 (1):77-110.
David Wood (2010). Punishment: Consequentialism. Philosophy Compass 5 (6):455-469.
Kimberley Brownlee (2008). Justifying Punishment: A Response to Douglas Husak. [REVIEW] Criminal Law and Philosophy 2 (2):123-129.
J. L. A. Garcia (1989). Deserved Punishment. Law and Philosophy 8 (2):263 - 277.
Greg Roebuck & David Wood (2011). A Retributive Argument Against Punishment. Criminal Law and Philosophy 5 (1):73-86.
Jeremy Bentham (2009). The Rationale of Punishment. Prometheus Books.
Daniel Z. Korman (2003). The Failure of Trust-Based Retributivism. Law and Philosophy 22 (6):561-575.
David Wood (2010). Punishment: The Future. Philosophy Compass 5 (6):483-491.
Jürgen S. Poesche (1996). Punishment in Environmental Protection. Journal of Business Ethics 15 (10):1071 - 1081.
Added to index2009-01-28
Total downloads37 ( #47,402 of 1,102,856 )
Recent downloads (6 months)2 ( #183,068 of 1,102,856 )
How can I increase my downloads?