Public Affairs Quarterly 31 (4) (2017)
AbstractDavid Boonin has recently advanced several challenges to the self-defense justification of punishment. Boonin argues that the self-defense justification of punishment justifies punishing the innocent, justifies disproportionate punishment, cannot account for mitigating excuses, and does not justify intentionally harming offenders as we do when we punish them. In this paper, I argue that the self-defense justification, suitably understood, can avoid all of these problems. To help demonstrate the self-defense theory’s attraction, I also develop some contrasts between the self-defense justification, Warren Quinn’s better known ‘auto-retaliator’ argument, and desert-based justifications of punishment. In sum, I show that the self-defense justification of punishment is more resilient than commonly supposed and deserves to be taken seriously as a justification of punishment.
Added to PP
Historical graph of downloads
References found in this work
The Right to Threaten and the Right to Punish.Warren Quinn - 1985 - Philosophy and Public Affairs 14 (4):327-373.
Citations of this work
No citations found.
Similar books and articles
Compulsory Victim Restitution is Punishment: A Reply to Boonin.Michael Cholbi - 2010 - Public Reason 2 (1):85-93.
Justifying Punishment: The Educative Approach as Presumptive Favorite.Dan Demetriou - 2012 - Criminal Justice Ethics 31 (1):2-18.
The Idea of a Justification for Punishment.Kevin Magill - 1998 - Critical Review of International Social and Political Philosophy 1 (1):86-101.
Deterrence and the Just Distribution of Harm*: DANIEL M. FARRELL.Daniel M. Farrell - 1995 - Social Philosophy and Policy 12 (2):220-240.
Making More Sense of Retributivism: Desert as Responsibility and Proportionality.J. Angelo Corlett - 2003 - Philosophy 78 (2):279-287.
Terrorism, Self-Defense, and the Killing of the Innocent.Whitley R. P. Kaufman - 2004 - Social Philosophy Today 20:41-52.
Disuasión y Castogo desde una Perspectiva Lockeana.Nicolas Maloberti - 2011 - Revista de Ciencia Politica 31 (1).