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RetributivismEssays on Theory and Policy$
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Mark D. White

Print publication date: 2011

Print ISBN-13: 9780199752232

Published to Oxford Scholarship Online: May 2011

DOI: 10.1093/acprof:oso/9780199752232.001.0001

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Retrieving Retributivism

Retrieving Retributivism

Chapter:
(p.3) 1 Retrieving Retributivism
Source:
Retributivism
Author(s):

R.A. Duff (Contributor Webpage)

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780199752232.003.0002

This chapter offers new perspectives on his position that punishment communicates the censure that the offender deserves for his crime, focusing on the challenge of explaining why penal “hard treatment” should be the appropriate means of communication. The chapter meets that challenge by showing that appropriate kinds of penal hard treatment can serve as a vehicle for a two-way communication between offender and political community—the communication of formal censure from community to offender, and of formally apologetic recognition from offender to community—which is motivated by the offender’s wrongdoing as ascertained during a fair trial, which Duff emphasizes as critical to the retributivist project. This chapter goes beyond the author's last book in developing the “apology” dimension and saying more about the relationship between retributive and restorative justice, bringing together ideas from some of the work that he has published since then (most in relatively obscure publications).

Keywords:   retributivism, communication, apology, restorative justice, communicative retributivism

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