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Appears in Collections:Law and Philosophy Journal Articles
Peer Review Status: Refereed
Title: Punishment and the Duties of Offenders
Author(s): Duff, R A
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Keywords: Tadros
offenders' duties
Issue Date: Jan-2013
Date Deposited: 8-Jul-2015
Citation: Duff RA (2013) Punishment and the Duties of Offenders. Law and Philosophy, 32 (1), pp. 109-127.
Abstract: This paper offers a partial critique of one of the central lines of argument in Victor Tadros’ The Ends of Harm: his attempt to show that a system of deterrent punishment can avoid the objection that it treats those who are punished “merely as means” to our goals, by arguing that we may legitimately use someone as a means if in doing so we are simply forcing her to do what she anyway had an enforceable duty to do. I raise some questions about the idea of forcing someone to do what she has a duty to do; about what duties a wrongdoer incurs towards his victim, and how they may be enforced; and about whether we can move from such duties to a justification of criminal punishment as a deterrent.
DOI Link: 10.1007/s10982-012-9150-5
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