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Rationality + Consciousness = Free Will$
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David Hodgson

Print publication date: 2012

Print ISBN-13: 9780199845309

Published to Oxford Scholarship Online: May 2012

DOI: 10.1093/acprof:oso/9780199845309.001.0001

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Responsibility and Retribution

Responsibility and Retribution

Chapter:
(p.206) 11 Responsibility and Retribution
Source:
Rationality + Consciousness = Free Will
Author(s):

David Hodgson

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780199845309.003.0012

In Chapter 11, I give reasons why I contend it is important to maintain ideas of responsibility and retribution in the criminal law. I argue that both consequentialist considerations and considerations of retribution are important in justifying punishment, and that ideas of retribution place appropriate constraints on the exercise of State compulsion. I suggest that while compatibilist views do support retribution, it is are more strongly and reliably supported by the version of free will that I support. I conclude by considering the future of retribution having regard to ongoing developments in science.

Keywords:   responsibility, retribution, punishment, consequentialist purposes, State compulsion, mens rea, defences, neuroscience

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