Journal of Moral Philosophy 3 (3):288-304 (2006)

Authors
Christopher Bennett
Ryerson University
Abstract
In this paper I am concerned with a problem for communicative theories of punishment. On such theories, punishment is justified at least in part as the authoritative censure or condemnation of crime. But is this compatible with a broadly liberal political outlook? For while liberalism is generally thought to take only a very limited interest in its citizens’ attitudes (seeing moral opinion as a matter of legitimate debate), the idea of state denunciation of crime seems precisely to be focused on the attitudes expressed in action. In this paper I analyse the elements of the communicative theory of punishment, assessing the extent to which they can be considered anti-liberal. I argue that, understood in a certain way, the communicative theory, though in some sense communitarian, is compatible with at least one central and attractive non-perfectionist strand in liberalism. Key Words: communicative theory • Devlin • Duff • Hegel • von Hirsch • punishment.
Keywords Hegel   punishment   Devlin   communicative theory   von Hirsch   Duff
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DOI 10.1177/1740468106071222
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References found in this work BETA

Punishment, Penance and Respect for Autonomy.Robert Justin Lipkin - 1988 - Social Theory and Practice 14 (1):87-104.

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Citations of this work BETA

Penal Disenfranchisement.Christopher Bennett - 2016 - Criminal Law and Philosophy 10 (3):411-425.
Must Punishment Be Intended to Cause Suffering?Bill Wringe - 2013 - Ethical Theory and Moral Practice 16 (4):863-877.
Perp Walks as Punishment.Bill Wringe - 2015 - Ethical Theory and Moral Practice 18 (3):615-629.

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