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  1. Authorization and the Right to Punish in Hobbes.Michael J. Green - 2016 - Pacific Philosophical Quarterly 97 (1):113-139.
    This article answers questions about the consistency, coherence, and motivation of Hobbes's account of the right to punish. First, it develops a novel account of authorization that explains how Hobbes could have consistently held both that the subjects do not give the sovereign the right to punish and also that they authorize the sovereign to punish. Second, it shows that, despite appearances, the natural and artificial elements of Hobbes's account form a coherent whole. Finally, it explains why Hobbes thought it (...)
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  • Criminalizing the State.François Tanguay-Renaud - 2013 - Criminal Law and Philosophy 7 (2):255-284.
    In this article, I ask whether the state, as opposed to its individual members, can intelligibly and legitimately be criminalized, with a focus on the possibility of its domestic criminalization. I proceed by identifying what I take to be the core objections to such criminalization, and then investigate ways in which they can be challenged. First, I address the claim that the state is not a kind of entity that can intelligibly perpetrate domestic criminal wrongs. I argue against it by (...)
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  • A Human Right Not to Be Punished? Punishment as Derogation of Rights.J. D. Shepherd - 2012 - Criminal Law and Philosophy 6 (1):31-45.
    In this essay, I apply international human rights theory to the domestic discussion of criminalization. The essay takes as its starting point the “right not to be punished” that Douglas Husak posited in his recent book Overcriminalization . By reviewing international human rights norms, I take up Husak’s challenge to imbue this right with further normative content. This process reveals additional relationships between the criminal law and human rights theory, and I discuss one analogy: the derogation by states of an (...)
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