Lifting the Cloak: Preventive Detention as Punishment

Husak, Douglas

Abstract

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Lifting the Cloak: Preventive Detention as Punishment

Douglas Husak

Rutgers, The State University of New Jersey - Department of Philosophy

2011

San Diego Law Review, Vol. 48, p. 1173, Fall 2011

Abstract:
I propose that the most promising means to defend preventive detention is to construe it as punishment for crime. I respond to conceptual and normative reasons to believe that my proposal is unsound.

Number of Pages in PDF File: 23

Keywords: preventive detention, punishment, proportionality, retributivism

JEL Classification: K14

Accepted Paper Series

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Date posted: March 6, 2012

Suggested Citation

Husak, Douglas N., Lifting the Cloak: Preventive Detention as Punishment (2011). San Diego Law Review, Vol. 48, p. 1173, Fall 2011. Available at SSRN: http://ssrn.com/abstract=2016613

Contact Information

Douglas N. Husak (Contact Author)

Rutgers, The State University of New Jersey - Department of Philosophy ( email )

26 Nichol Avenue
New Brunswick, NJ 08901
United States
908-932-1158 (Phone)