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Libertarianism without Inequality$
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Michael Otsuka

Print publication date: 2003

Print ISBN-13: 9780199243952

Published to Oxford Scholarship Online: November 2003

DOI: 10.1093/0199243956.001.0001

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The Right to Punish

The Right to Punish

Chapter:
(p.57) Chapter 3 The Right to Punish
Source:
Libertarianism without Inequality
Author(s):

Michael Otsuka (Contributor Webpage)

Publisher:
Oxford University Press
DOI:10.1093/0199243956.003.0004

Offers a Lockean account of a natural right to punish, which is grounded in a natural right of self‐protection. Endorses Warren Quinn's derivation of the right to punish from a right of self‐protection, but argues, against Quinn, that his account will succeed only if one is allowed, when justifying punishment, to appeal to the fact that the punishment of the guilty will deter others. Also argues that Quinn's account will succeed only if the right to engage in lethal measures to protect the lives of individuals against innocent aggressors is highly circumscribed.

Keywords:   deterrence, innocent aggressor, John Locke, natural rights, punishment, Warren Quinn, self‐defence, self‐protection

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