Law and Philosophy

, Volume 32, Issue 2, pp 159–175

Can Self-Defense Justify Punishment?

Article

DOI: 10.1007/s10982-012-9157-y

Cite this article as:
Alexander, L. Law and Philos (2013) 32: 159. doi:10.1007/s10982-012-9157-y

Abstract

This piece is a review essay on Victor Tadros’s The Ends of Harm. Tadros rejects retributive desert but believes punishment can be justified instrumentally without succumbing to the problems of thoroughgoing consequentialism and endorsing using people as means. He believes he can achieve these results through extension of the right of self-defense. I argue that Tadros fails in this endeavor: he has a defective account of the means principle; his rejection of desert leads to gross mismatches of punishment and culpability; and he cannot account for punishment of inchoate crimes.

Copyright information

© Springer Science+Business Media Dordrecht 2012

Authors and Affiliations

  1. 1.University of San Diego School of LawSan DiegoUSA