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  1. Christian Academic Books/
  2. Philosophy

Rights Forfeiture and Punishment

  • Paperback
  • 256 pages
  • Publisher: Oxford University Press
  • 14.3 x 21.1 x 2.3 cm

£58.96

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For legal scholars interested in punishment theories

Clarifies why punishment can be rights-compliant

You will understand the moral basis for punishment

This book explores the rights-based justification for punishment in criminal law.

Given that persons typically have a right not to be subjected to the hard treatment of punishment, it would seem natural to conclude that the permissibility of punishment is centrally a question of rights. Despite this, the vast majority of theorists working on punishment focus instead on important aims, such as achieving retributive justice, deterring crime, restoring victims, or expressing society's core values. Wellman contends that these aims may well explain why we should want a properly constructed system of punishment, but none shows why it would be permissible to institute one. Only a rights-based analysis will suffice, because the type of justification we seek for punishment must demonstrate that punishment is permissible, and it would be permissible only if it violated no one's rights. On Wellman's view, punishment is permissible just in case the wrongdoer has forfeited her right against punishment by culpably violating (or at least attempting to violate) the rights of others.
After defending rights forfeiture theory against the standard objections, Wellman explains this theory's implications for a number of core issues in criminal law, including the authority of the state, international criminal law, the proper scope of the criminal law and the tort/crime distinction, procedural rights, and the justification of mala prohibita.

Rights Forfeiture and Punishment and Sacred And The Profane
Sacred And The ProfaneRights Forfeiture and Punishment
  • Title

    Rights Forfeiture and Punishment

  • Author

    Christopher Wellman

  • Book Format

    Paperback / softback

  • Publisher

    Oxford University Press

  • Published

    September 2017

  • Weight

    409g

  • Page Count

    256

  • Dimensions

    14.3 x 21.1 x 2.3 cm

  • ISBN

    9780190274764

  • ISBN-10

    019027476X

  • Eden Code

    4560697

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