A Criminal's Duty to Go to Jail? Four Arguments Against Tadros' Philosophy of Punishment, with Responses by Victor Tadros
Eric D. Blumenson
Suffolk University Law School
University of Warwick - School of Law
October 3, 2013
Suffolk University Law School Research Paper No. 13-38
Philosophers of punishment spent much of the 20th century refining and adapting well-established theories of punishment in hopes of finding a way to combine the utilitarian goals of punishment with the ethical demands of justice. Victor Tadros’ latest book The Ends of Harm addresses that same challenge, but answers it with an entirely new rationale for punishment based on the duties criminals acquire by committing their crimes. Eric Blumenson’s critique presents four arguments against Tadros’ “Duty View” of punishment, targeting (1) its methodology, (2) certain steps in Tadros’ argument, (3) the disproportionate punishments it demands, and (4) Tadros’ dismissal of the retributivist alternative. Victor Tadros then responds to these arguments in an essay following Blumenson’s critique.
Number of Pages in PDF File: 71
Keywords: Punishment, Retributivism, Tadros, Blumenson, Prison, Criminal Justiceworking papers series
Date posted: October 10, 2013 ; Last revised: November 16, 2013
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