Punishment, reintegration, and atypical victims

Criminal Justice Ethics 23 (2):25-38 (2004)
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Abstract

I argue that R.A. Duff’s and Sandra Marshall’s liberal-communitarian justification for punishment doesn’t account for a troubling kind of subordination that results from communicative punishment. Communicative punishment requires a specific interpretation of the nature of the wrong. I focus on victims with incorrect but plausible interpretations of the wrong they’ve suffered to illustrate how a victim’s view a community or other’s view. In the end, I suggest that conceptualizing wrongs as against individuals in relations, rather than as members of communities with shared values, minimizes this kind of subordination.

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Christopher Ciocchetti
Centenary College of Louisiana

Citations of this work

Punishment.Zachary Hoskins - 2016 - Analysis 77 (3):anw022.

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References found in this work

Trials and Punishments.John Cottingham & R. A. Duff - 1987 - Philosophical Quarterly 37 (149):448.
Punishment and Political Theory.Matt Matravers (ed.) - 1999 - Hart Publishing.
Wrongdoing and Relationships.Christopher Ciocchetti - 2003 - Social Theory and Practice 29 (1):65-86.

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