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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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Punishment and Duty

Punishment and Duty

Chapter:
(p.264) (p.265) 12 Punishment and Duty
Source:
The Ends of Harm
Author(s):

Victor Tadros

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780199554423.003.0012

This chapter defends the permissibility of punishing offenders for reasons of general deterrence, drawing on earlier discussions of self-defence and the restrictions on harming a person as a means. It evaluates the differences between self-defence and punishment for reasons of general deterrence, justifying the latter in virtue of the duties that offenders incur as a result of their wrongdoing. It is shown that it is sometimes permissible to harm a person to avert a threat that the person is not responsible for in virtue of the person's duty to respond to her wrongdoing, first by showing that the justification for punishment can be derived from the duty to compensate, and then showing that it can be derived from more extensive duties that offenders incur through their wrongdoing.

Keywords:   punishment, self-defence, harming as a means, general deterrence

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