Duff on the Legitimacy of Punishment of Socially Deprived Offenders

Criminal Law and Philosophy 6 (2):247-254 (2012)
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Abstract
Duff offered an argument for the conclusion that just or legitimate punishment of socially deprived offenders in our unjust society is impossible. One of the claims in his argument is that our courts have the standing to blame an offender only if our polity has the right to do so since our courts are acting as the representatives of, or to use the exact phrases by Duff, “in the name of”, or “on behalf of”, the whole polity. In this paper I will challenge that claim. I will argue that the courts can be seen as acting, not on behalf of the whole polity, but only on behalf of a subset of its citizens, namely, the just citizens (i.e. the citizens who cannot be seen to have wronged the deprived offenders)
Keywords Punishment  Standing  Blame  Social justice
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DOI 10.1007/s11572-012-9144-2
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References found in this work BETA

Poverty and Criminal Responsibility.Victor Tadros - 2009 - Journal of Value Inquiry 43 (3):391-413.
Iv-Answering for Crime.R. A. Duff - 2006 - Proceedings of the Aristotelian Society 106 (1):87-113.
Punishment and Justice.Jules Holroyd - 2010 - Social Theory and Practice 36 (1):78-111.

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Citations of this work BETA

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Hypocrisy, Inconsistency, and the Moral Standing of the State.Kyle G. Fritz - forthcoming - Criminal Law and Philosophy:1-19.
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