Law and Philosophy 35 (6):567-593 (2016)

Katerina Hadjimatheou
University of Essex
This paper considers whether publicizing criminal labels is justified as a form of punishment. It begins by arguing that making criminal labels public is inevitably stigmatizing and that stigmatization is not, as is often implied, a defining aspect of censure, but needs independent justification. It argues that justifying grounds for public criminal labelling cannot be found in either the communicative account of punishment or deterrence theory. Rather, public criminal labelling should be understood as undermining of both the communicative and the deterrent functions of punishment. Recent empirical work is drawn upon to support the claims about public criminal labelling and deterrence.
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DOI 10.1007/s10982-016-9274-0
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References found in this work BETA

Concealment and Exposure.Thomas Nagel - 1998 - Philosophy and Public Affairs 27 (1):3-30.
Privacy and Punishment.Mark Tunick - 2013 - Social Theory and Practice 39 (4):643-668.
Shame, Stigma, and Disgust in the Decent Society.Richard J. Arneson - 2007 - The Journal of Ethics 11 (1):31-63.

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