Doing Without Desert

Criminal Law and Philosophy 11 (3):605-616 (2017)
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Abstract

This paper examines Derk Pereboom’s argument against punishment on deterrent grounds in his recent book Free Will, Agency, and Meaning in Life. It suggests that Pereboom’s argument against basic desert has not been shown to extend to the view that those who act wrongly lose rights against punishment for deterrent reasons. It further supports the view that those who act wrongly, if they fulfil compatibilist conditions of responsibility, do lose rights to avert threats they pose. And this, it is argued, supports punishment on deterrent grounds, at least in some limited cases.

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Victor Tadros
University of Warwick

References found in this work

Self-defense.Judith Jarvis Thomson - 1991 - Philosophy and Public Affairs 20 (4):283-310.
Killing the Innocent in Self‐Defense.Michael Otsuka - 1994 - Philosophy and Public Affairs 23 (1):74-94.
Killing in self‐defense.Jonathan Quong - 2009 - Ethics 119 (3):507-537.

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