Communicative retribution as a constructivist theory of punishment - penal pain as a communicative artifact?
Theories of punishment accentuating its communicative dimension have soared for the past years, not only in Europe but also in the U.S. Some academics have criticized their inability to adequately explain the physical dimension of punishment, i.e., the so-called “penal pain”. This essay aims at providing the foundations of a communicative theory of punishment based on constructivist epistemology which conceives of “penal pain” as a communicative artefact used by the legal system.
|Keywords||No keywords specified (fix it)|
|Categories||categorize this paper)|
References found in this work BETA
No references found.
Citations of this work BETA
No citations found.
Similar books and articles
The Communicative Aspects of Civil Disobedience and Lawful Punishment.Kimberley Brownlee - 2006 - Criminal Law and Philosophy 1 (2):179-192.
Not Penal Substitution but Vicarious Punishment.Mark C. Murphy - 2009 - Faith and Philosophy 26 (3):253-273.
War Crimes and Expressive Theories of Punishment: Communication or Denunciation?Bill Wringe - 2010 - Res Publica 16 (2):119-133.
Swinburnian Atonement and the Doctrine of Penal Substitution.Steven L. Porter - 2004 - Faith and Philosophy 21 (2):228-241.
Freedom of Communicative Action.Lawrence B. Solum - 1989 - Northwestern University Law Review 83 (1):54-135.
Punishment, Reintegration, and Atypical Victims.Christopher Ciocchetti - 2004 - Criminal Justice Ethics 23 (2):25-38.
Punishment and Freedom: A Liberal Theory of Penal Justice.Alan Brudner - 2009 - Oxford University Press.
Punishment, Communication and Community.Antony Duff - 2003 - In Derek Matravers & Jonathan E. Pike (eds.), Debates in Contemporary Political Philosophy: An Anthology. Routledge, in Association with the Open University.
Added to index2009-05-03
Total downloads12 ( #378,732 of 2,172,833 )
Recent downloads (6 months)2 ( #172,512 of 2,172,833 )
How can I increase my downloads?