Jurisprudence 9 (2):236-250 (2018)

Lucas Miotto
Leeds Beckett University
Up until recently, most legal philosophers have argued that an action is a token of sanctioning if, and only if, (i) its performance brings about unwelcome consequences to the targets, and (ii) it is performed as a response to the breach of a duty. In this paper I take issue with this account. I first add some qualifications to it in order to present it in its most plausible form. After doing this, I advance a series of hypothetical cases which suggests that this account fails. I then propose a new account of sanctioning, whereby an action is a token of sanctioning if, and only if, it is performed in an appropriate context and is apt for punishing wrongdoers.
Keywords Sanctions  Philosophy of Criminal Law  Jurisprudence  Coercion  Punishment
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Reprint years 2017, 2018
DOI 10.1080/20403313.2017.1385278
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Conceptual Ethics I.Alexis Burgess & David Plunkett - 2013 - Philosophy Compass 8 (12):1091-1101.
The Expressive Function of Punishment.Joel Feinberg - 1965 - The Monist 49 (3):397-423.

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