Suffering and punishment

In Amalia Amaya & Maksymilian Del Mar (eds.), Virtue, Emotion and Imagination in Law and Legal Reasoning. Chicago: Hart Publishing. pp. 139-156 (2020)
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Abstract

This paper offers a defence of the Communicative Theory of Punishment against recent criticisms due to Matt Matravers. According to the Communicative Theory, the intentional imposition of suffering by the judiciary is justified because it is intrinsic to the condemnation and censure that an offender deserves as a result of wrongdoing. Matravers raises a number of worries about this idea – grounded in his thought that suffering isn’t necessary for censure, and as a consequence sometimes the imposition of suffering can be unjust. I respond by arguing that the imposition of suffering is an essential part of a suite of emotional responses that wrongdoing merits. As a result, and contrary to what Matravers suggests, words are not enough for censure and condemnation.

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Michael S. Brady
University of Glasgow

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References found in this work

The moral problem.Michael Smith - 1994 - Cambridge, Mass., USA: Blackwell.
Leviathan.Thomas Hobbes - 1651 - Harmondsworth,: Penguin Books. Edited by C. B. Macpherson.
Punishment and Responsibility.H. L. A. Hart - 1968 - Philosophy 45 (172):162-162.

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