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Law and Philosophy

, Volume 32, Issue 1, pp 109–127 | Cite as

Punishment and the Duties of Offenders

  • R. A. DuffEmail author
Article
  • 409 Downloads

Abstract

This paper offers a partial critique of one of the central lines of argument in Victor Tadros’ The Ends of Harm: his attempt to show that a system of deterrent punishment can avoid the objection that it treats those who are punished ‘merely as means’ to our goals, by arguing that we may legitimately use someone as a means if in doing so we are simply forcing her to do what she anyway had an enforceable duty to do. I raise some questions about the idea of forcing someone to do what she has a duty to do; about what duties a wrongdoer incurs towards his victim, and how they may be enforced; and about whether we can move from such duties to a justification of criminal punishment as a deterrent.

Keywords

Restorative Justice Potential Victim Criminal Punishment Criminal Wrongdoer Future Harm 
These keywords were added by machine and not by the authors. This process is experimental and the keywords may be updated as the learning algorithm improves.

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Copyright information

© Springer Science+Business Media B.V. 2012

Authors and Affiliations

  1. 1.Law SchoolUniversity of MinnesotaMinneapolisUSA
  2. 2.Department of PhilosophyUniversity of StirlingStirlingScotland, UK

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