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The Offender's Part in the Dialogue

In Rowan Cruft, Matthew H. Kramer & Mark R. Reiff (eds.), Crime, punishment, and responsibility: the jurisprudence of Antony Duff. New York: Oxford University Press. pp. 54 (2011)

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  1. Punishing with Care: treating offenders as equal persons in criminal punishment.Helen Brown Coverdale - 2013 - Dissertation, The London School of Economics and Political Science
    Most punishment theories acknowledge neither the full extent of the harms which punishment risks, nor the caring practices which punishment entails. Consequently, I shall argue, punishment in most of its current conceptualizations is inconsistent with treating offenders as equals qua persons. The nature of criminal punishment, and of our interactions with offenders in punishment decision-making and delivery, risks causing harm to offenders. Harm is normalized when central to definitions of punishment, desensitizing us to unintended harms and obscuring caring practices. Offenders (...)
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  • The authority of moral oversight: On the legitimacy of criminal law.Christopher Bennett - 2019 - Legal Theory 25 (3):153-177.
    ABSTRACTAn influential view in recent philosophy of punishment is that the apparatus of criminal justice should be geared at least in part to state censure of wrongdoing. I argue that if it were to be so geared, such an apparatus would make ambitious claims to authority, and that the legitimacy of the relevant state would then depend on whether those claims can be vindicated. This paper looks first at what kind of authority is being claimed by this apparatus. The criminal (...)
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  • Rethinking expressive theories of punishment: why denunciation is a better bet than communication or pure expression.Bill Wringe - 2017 - Philosophical Studies 174 (3):681-708.
    Many philosophers hold that punishment has an expressive dimension. Advocates of expressive theories have different views about what makes punishment expressive, what kinds of mental states and what kinds of claims are, or legitimately can be expressed in punishment, and to what kind of audience or recipients, if any, punishment might express whatever it expresses. I shall argue that in order to assess the plausibility of an expressivist approach to justifying punishment we need to pay careful attention to whether the (...)
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  • Two Tales of Civil Disobedience: A Reply to David Lefkowitz.Kimberley Brownlee - 2018 - Res Publica 24 (3):291-296.
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