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http://hdl.handle.net/1893/21999| Appears in Collections: | Law and Philosophy Journal Articles |
| Peer Review Status: | Refereed |
| Title: | Punishment and the Duties of Offenders |
| Author(s): | Duff, R A |
| Contact Email: | r.a.duff@stir.ac.uk |
| Keywords: | Tadros punishment deterrence 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. https://doi.org/10.1007/s10982-012-9150-5 |
| 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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| Licence URL(s): | http://www.rioxx.net/licenses/under-embargo-all-rights-reserved |
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|---|---|---|---|---|
| Duff_Law and Philosophy_2012.pdf | Fulltext - Published Version | 192.21 kB | Adobe PDF | Under Embargo until 3000-01-01 Request a copy |
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