Legal Punishment
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Description: Justifications of legal punishment; by Antony Duff.
Legal Punishment (Stanford Encyclopedia of Philosophy) First published Tue Jan 2, 2001; substantive revision Mon May 13, 2013 The question of whether, and how, legal punishment can be justified is central to both legal and political philosophy: what could justify a state in using the apparatus of the law to inflict burdensome sanctions on its citizens? Radically different answers to this question are offered by consequentialist and by retributivist theorists—and by those who seek to combine consequentialist with retributivist considerations in ‘mixed’ theories of punishment; an important strand in recent theorising has been the idea of punishment as a communicative enterprise. Meanwhile, abolitionist theorists argue that we should aim to replace legal punishment rather than to justify it.
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