Journal of Applied Philosophy 38 (3):384-400 (2021)
AbstractIn this paper, I discuss a distinctively non-paradigmatic instance of punishment: the punishment of non-citizens. I shall argue that the punishment of non-citizens presents considerable difficulties for one currently popular account of criminal punishment: Antony Duff’s communicative expressive theory of punishment. Duff presents his theory explicitly as an account of the punishment of citizens - and as I shall argue, this is not merely an incidental feature of his account. However, it is plausible that a general account of the criminal law of the kind of idealized state that Duff focusses on will need to say something about how that law deals with non-citizens. In particular, I claim, it will need to provide a justification for punishing them. Because Duff's account says nothing about the punishment of non-citizens, it cannot do so. Furthermore, although Duff's more recent suggestion that non-citizens should be thought of as being guests in the state on whose territory they are present may provide for an account of their criminalization, it cannot easily be extended into an account that provides a justification for their punishment.
Added to PP
Historical graph of downloads
References found in this work
No references found.
Citations of this work
Non‐Paradigmatic Punishments.Helen Brown Coverdale & Bill Wringe - 2022 - Philosophy Compass 17 (5):e12824.
Injustice and the Right to Punish.Göran Duus-Otterström & Erin I. Kelly - 2019 - Philosophy Compass 14 (2):e12565.
Ajenos: la inmigración como un dilema para la teoría de Duff sobre la autoridad del castigo.Delfina Beguerie - 2022 - Isonomía. Revista de Teoría y Filosofía Del Derecho 56.
Similar books and articles
War Crimes and Expressive Theories of Punishment: Communication or Denunciation?Bill Wringe - 2010 - Res Publica 16 (2):119-133.
Duff on the Legitimacy of Punishment of Socially Deprived Offenders.Peter Chau - 2012 - Criminal Law and Philosophy 6 (2):247-254.
''Punishing States and the Spectre of Guilt by Association''.Zachary Hoskins - 2014 - International Criminal Law Review 14 (4-5):901-919.
Rethinking Expressive Theories of Punishment: Why Denunciation is a Better Bet Than Communication or Pure Expression.Bill Wringe - 2017 - Philosophical Studies 174 (3):681-708.
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.
The Rights of the Guilty: Punishment and Political Legitimacy.Corey Brettschneider - 2007 - Political Theory 35 (2):175-199.
‘Who’s Still Standing?’ A Comment on Antony Duff’s Preconditions of Criminal Liability.Matt Matravers - 2006 - Journal of Moral Philosophy 3 (3):320-330.
Antony Duff and the Philosophy of Punishment.Mark R. Reiff & Rowan Cruft - 2011 - In Rowan Cruft, Matthew H. Kramer & Mark R. Reiff (eds.), Crime, Punishment, and Responsibility: The Jurisprudence of Antony Duff. Oxford University Press.
Communication, Punishment, and Virtue.Richard Bourne - 2014 - Journal of Religious Ethics 42 (1):78-107.