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Crime, Punishment, and ResponsibilityThe Jurisprudence of Antony Duff$
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Rowan Cruft, Matthew H. Kramer, and Mark R. Reiff

Print publication date: 2011

Print ISBN-13: 9780199592814

Published to Oxford Scholarship Online: September 2011

DOI: 10.1093/acprof:oso/9780199592814.001.0001

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Repentance, Mercy, and Communicative Punishment

Repentance, Mercy, and Communicative Punishment

Chapter:
(p.27) 2 Repentance, Mercy, and Communicative Punishment
Source:
Crime, Punishment, and Responsibility
Author(s):

Jeffrie G. Murphy

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780199592814.003.0002

This chapter challenges Antony Duff's claim that mercy given because of offender repentance is a value extrinsic to criminal punishment and, except perhaps in very rare cases, has no bearing on retributive desert — a core concept in Duff's communicative theory of punishment. It explores several senses of retributive desert and argues that offender repentance is intrinsic to all of them.

Keywords:   communicative punishment, remorse, repentance, mercy, retribution, sentencing

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