Penal Coercion in Contexts of Social Injustice
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- Gargarella, R. Criminal Law, Philosophy (2011) 5: 21. doi:10.1007/s11572-010-9107-4
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This article addresses the theoretical difficulty of justifying the use of penal coercion in circumstances of marked, unjustified social inequality. The intuitive belief behind the text is that in such a context—that of an indecent State—justifying penal coercion becomes very problematic, particularly when directed against the most disfavored members of society.