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Tough On Punishment: Criminal Justice, Deliberation, and Legal Alienation

In Samantha Besson & José Luis Martí (eds.), Legal Republicanism: National and International Perspectives. Oxford University Press (2009)

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  1. Republican Responsibility in Criminal Law.Ekow N. Yankah - 2015 - Criminal Law and Philosophy 9 (3):457-475.
    Retributivism so dominates criminal theory that lawyers, legal scholars and law students assert with complete confidence that criminal law is justified only in light of violations of another person’s rights. Yet the core tenet of retributivism views criminal law fundamentally through the lens of individual actors, rendering both offender and victim unrecognizably denuded from their social and civic context. Doing so means that retributivism is unable to explain even our most basic criminal law practices, such as why we punish recidivists (...)
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  • Legal Vices and Civic Virtue: Vice Crimes, Republicanism and the Corruption of Lawfulness. [REVIEW]Ekow N. Yankah - 2013 - Criminal Law and Philosophy 7 (1):61-82.
    Vice crimes, crimes prohibited in part because they are viewed as morally corrupting, engage legal theorists because they reveal importantly contrasting views between liberals and virtue-centered theorists on the very limits of legitimate state action. Yet advocates and opponents alike focus on the role law can play in suppressing personal vice; the role of law is seen as suppressing licentiousness, sloth, greed etc. The most powerful advocates of the position that the law must nurture good character often draw on Aristotelian (...)
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