The Rights-Forfeiture Theory of Punishment

In Matthew C. Altman (ed.), The Palgrave Handbook on the Philosophy of Punishment. Palgrave-Macmillan. pp. 313-331 (2022)
  Copy   BIBTEX

Abstract

The rights-forfeiture theory of punishment attempts to explain and justify the practice of punishment by arguing that wrongdoers in virtue of their wrongdoing have forfeited the right not to be punished. The theory however faces many challenges, including how to explain just what right or rights have been forfeited. Most problematic for the theory is that, in claiming that wrongdoers forfeit their rights, it seems merely to restate the claim that punishment is morally permissible rather than providing an explanation of why it is permissible.

Categories

Keywords

Reprint years

DOI

10.1007/978-3-031-11874-6_14

Links

PhilArchive



    Upload a copy of this work     Papers currently archived: 91,349

External links

Setup an account with your affiliations in order to access resources via your University's proxy server

Through your library

My notes

Similar books and articles

The Forfeiture Theory of Punishment: Surviving Boonin’s Objections.Stephen Kershnar - 2010 - Public Affairs Quarterly 24 (4):319-334.
Innocence Lost: A Problem for Punishment as Duty.Patrick Tomlin - 2017 - Law and Philosophy 36 (3):225-254.
Rights Forfeiture and Punishment.Christopher Heath Wellman - 2016 - Oxford, UK: Oxford University Press.
Forfeiture and the Right to a Fair Trial.Gerald Lang - 2020 - Criminal Law and Philosophy 14 (2):203-213.
Rights Forfeiture Theorists Should Embrace the Duty View of Punishment.Ben Bryan - 2017 - Australasian Journal of Philosophy 95 (2):317-327.
The structure of rights forfeiture in the context of culpable wrongdoing.Stephen Kershnar - 2002 - Philosophia 29 (1-4):57-88.
Reasons for Punishment: A Study in Philosophical Translation.Michelle Madden Dempsey - 2020 - Criminal Law and Philosophy 14 (2):189-201.
The Rationale of Punishment.Jeremy Bentham - 2009 - Amherst, N.Y.: Prometheus Books. Edited by James T. McHugh.
Forfeiture Theory and Symmetrical Attackers.Stephen Kershnar - 2017 - Criminal Justice Ethics 36 (2):224-245.
Shortcomings of and Alternatives to the Rights-Forfeiture Theory of Justified Self-Defense and Punishment.Uwe Steinhoff - manuscript
Clarifying Forfeiture Theory in Response to Dempsey and Lang.Christopher Heath Wellman - 2020 - Criminal Law and Philosophy 14 (2):215-222.
The Rights Forfeiture Theory of Punishment.Christopher Heath Wellman - 2012 - Ethics 122 (2):371-393.
Self-Defense, Punishment and Forfeiture.David Alm - 2013 - Criminal Justice Ethics 32 (2):91-107.
Book Review: Retributivism Has a Past: Has It a Future?, edited by Michael Tonry. [REVIEW]Stephen Kershnar - 2015 - Journal of Moral Philosophy 12 (1):112-115.
Book Review: David Boonin, The Problem of Punishment (2008), Law and Philosophy 29 (2009): 627-632. [REVIEW]Stephen Kershnar - 2010 - Law and Philosophy 29 (5):627-632.

Analytics

Added to PP
2023-04-13

Downloads
15 (#923,100)

6 months
9 (#290,637)

Historical graph of downloads
How can I increase my downloads?

Citations of this work

No citations found.

Add more citations

References found in this work

No references found.

Add more references