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The Ends of HarmThe Moral Foundations of Criminal Law$
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Victor Tadros

Print publication date: 2011

Print ISBN-13: 9780199554423

Published to Oxford Scholarship Online: January 2012

DOI: 10.1093/acprof:oso/9780199554423.001.0001

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The Limits of Communication

The Limits of Communication

Chapter:
(p.88) 5 The Limits of Communication
Source:
The Ends of Harm
Author(s):

Victor Tadros

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780199554423.003.0005

An alternative to retributivist views of punishment seeks to justify punishment in virtue of its communicative potential. Punishment is imposed, on this view, to repair the wrong that the offender has done to his victim by forcing him to apologise for his wrongdoing, and by compelling him to recognise that what he has done is wrong. This chapter argues that this communicative view is a qualified success. Whilst it is permissible for the state to harm offenders in order to encourage them to recognise that what they have done is wrong, this could not justify the creation of costly state institutions. This argument implies that deterrence will be central to any justification of state punishment.

Keywords:   Duff, communication, apology, recognition, state punishment, resources

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