The Right to Punish

In Libertarianism Without Inequality. Oxford, GB: Oxford University Press UK (2003)
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Abstract

Offers a Lockean account of a natural right to punish, which is grounded in a natural right of self‐protection. Endorses Warren Quinn's derivation of the right to punish from a right of self‐protection, but argues, against Quinn, that his account will succeed only if one is allowed, when justifying punishment, to appeal to the fact that the punishment of the guilty will deter others. Also argues that Quinn's account will succeed only if the right to engage in lethal measures to protect the lives of individuals against innocent aggressors is highly circumscribed.

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Michael Otsuka
Rutgers - New Brunswick

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