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Justifying punishment : a response to Douglas Husak
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Brownlee, Kimberley (2008) Justifying punishment : a response to Douglas Husak. Criminal Law and Philosophy, Volume 2 (Number 2). pp. 123-129. doi:10.1007/s11572-008-9046-5 ISSN 1871-9791.
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Official URL: http://dx.doi.org/10.1007/s11572-008-9046-5
Abstract
In ‘Why Criminal Law: A Question of Content?’, Douglas Husak argues that an analysis of the justifiability of the criminal law depends upon an analysis of the justifiability of state punishment. According to Husak, an adequate justification of state punishment both must show why the state is permitted to infringe valuable rights such as the right not to be punished and must respond to two distinct groups of persons who may demand a justification for the imposition of punishment, namely, individuals subjected to punishment and the society asked to support the institution of punishment. In this discussion, I analyse Husak’s account of the right not to be punished with an eye to showing that the parameters of that right do not extend to the cases that would make it controversial. I also consider two other distinct groups of persons who have equal standing to alleged offenders and society to demand justification for the imposition of state punishment, namely, direct victims of crimes and criminal justice officials.
Item Type: | Journal Article | ||||||
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Subjects: | K Law [Moys] > KM Common Law, Public Law | ||||||
Divisions: | Faculty of Social Sciences > School of Law | ||||||
Library of Congress Subject Headings (LCSH): | Criminal law, Husak, Douglas N., 1948-, Justification (Law), Punishment -- Law and legislation | ||||||
Journal or Publication Title: | Criminal Law and Philosophy | ||||||
Publisher: | Springer Verlag | ||||||
ISSN: | 1871-9791 | ||||||
Official Date: | June 2008 | ||||||
Dates: |
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Volume: | Volume 2 | ||||||
Number: | Number 2 | ||||||
Page Range: | pp. 123-129 | ||||||
DOI: | 10.1007/s11572-008-9046-5 | ||||||
Status: | Peer Reviewed | ||||||
Publication Status: | Published | ||||||
Access rights to Published version: | Restricted or Subscription Access |
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