Justifying Punishment: A Response to Douglas Husak [Book Review]
Criminal Law and Philosophy 2 (2):123-129 (2008)
In ‘Why Criminal Law: A Question of Content?’, Douglas Husak argues that an analysis of the justifiability of the criminal law depends upon an analysis of the justifiability of state punishment. According to Husak, an adequate justification of state punishment both must show why the state is permitted to infringe valuable rights such as the right not to be punished and must respond to two distinct groups of persons who may demand a justification for the imposition of punishment, namely, individuals subjected to punishment and the society asked to support the institution of punishment. In this discussion, I analyse Husak’s account of the right not to be punished with an eye to showing that the parameters of that right do not extend to the cases that would make it controversial. I also consider two other distinct groups of persons who have equal standing to alleged offenders and society to demand justification for the imposition of state punishment, namely, direct victims of crimes and criminal justice officials
|Keywords||Criminal law Douglas Husak Justification State punishment Rights|
|Categories||categorize this paper)|
References found in this work BETA
Citations of this work BETA
No citations found.
Similar books and articles
A Retributive Argument Against Punishment.Greg Roebuck & David Wood - 2011 - Criminal Law and Philosophy 5 (1):73-86.
Punishing the Guilty, Not Punishing the Innocent.Richard Lippke - 2010 - Journal of Moral Philosophy 7 (4):462-488.
Revisiting Kantian Retributivism to Construct a Justification of Punishment.Jane Johnson - 2008 - Criminal Law and Philosophy 2 (3):291-307.
Law as Punishment/Law as Regulation.Austin Sarat, Lawrence Douglas & Martha Merrill Umphrey (eds.) - 2011 - Stanford Law Books.
Compulsory Victim Restitution is Punishment: A Reply to Boonin.Michael Cholbi - 2010 - Public Reason 2 (1):85-93.
Quinn on Punishment and Using Persons as Means.Michael Otsuka - 1996 - Law and Philosophy 15 (2):201 - 208.
A Human Right Not to Be Punished? Punishment as Derogation of Rights.J. D. Shepherd - 2012 - Criminal Law and Philosophy 6 (1):31-45.
Added to index2010-08-10
Total downloads46 ( #113,662 of 2,171,743 )
Recent downloads (6 months)1 ( #326,424 of 2,171,743 )
How can I increase my downloads?