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Punishment and Freedom
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Punishment and Freedom

Alan Brudner

Abstract

This book sets out a new understanding of the penal law of a liberal legal order. The prevailing view is that the penal law is best understood from the standpoint of a moral theory concerning when it is fair to blame and censure someone for engaging in unlawful conduct and for the results of that conduct. By contrast, this book argues that the penal law is best understood by a political and constitutional theory concerning when, and in what measure, it is permissible for the state to coerce a free agent. The book argues that penal action by public officials is permissible force rather than wro ... More

Keywords: criminal law, punishment, penal justice, freedom, morality, liberalism, constitutional theory

Bibliographic Information

Print publication date: 2009 Print ISBN-13: 9780199207251
Published to Oxford Scholarship Online: September 2009 DOI:10.1093/acprof:oso/9780199207251.001.0001

Authors

Affiliations are at time of print publication.

Alan Brudner, author
Albert Abel Professor of Law, University of Toronto

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