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Duff on Hard Treatment

Matt Matravers

in Crime, Punishment, and Responsibility: The Jurisprudence of Antony Duff

Published in print:
2011
Published Online:
September 2011
ISBN:
9780199592814
eISBN:
9780191729034
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199592814.003.0005
Subject:
Law, Criminal Law and Criminology

This chapter considers whether Duff's communicative account of punishment can justify penal hard treatment. It first gives a sympathetic account of Duff's communicative theory and the arguments that ... More


What Does Wrongdoing Deserve?

John Kleinig

in Retributivism Has a Past: Has It a Future?

Published in print:
2011
Published Online:
January 2012
ISBN:
9780199798278
eISBN:
9780199919376
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199798278.003.0003
Subject:
Law, Criminal Law and Criminology

This chapter explores whether the language of desert can be given a credible place in our thinking about the appropriateness of a response to wrongdoing and, if so, what that deserved response might ... More


Proportionality and the ‘Penance’ Perspective

Andrew von Hirsch and Andrew Ashworth

in Proportionate Sentencing: Exploring the Principles

Published in print:
2005
Published Online:
January 2010
ISBN:
9780199272600
eISBN:
9780191709692
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199272600.003.0007
Subject:
Law, Philosophy of Law

This chapter considers another influential desert-based justification: the penance theory of R. A. Duff. Duff believes that hard treatment should serve as a vehicle for the offender's developing a ... More


What Do Criminals Deserve?

Douglas Husak

in Legal, Moral, and Metaphysical Truths: The Philosophy of Michael S. Moore

Published in print:
2016
Published Online:
June 2016
ISBN:
9780198703242
eISBN:
9780191773068
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198703242.003.0004
Subject:
Law, Philosophy of Law, Criminal Law and Criminology

To what extent can desert justify the punishment of culpable wrongdoers (or criminals)? In exploring this question, the author recommends that several lines of inquiry not be pursued, including (1) ... More


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