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
November 29, 2013
Suffolk University Law School Research Paper No. 13-38
For many decades, philosophers of punishment have sought to revise well-established theories of punishment in a way that could reconcile the utilitarian goals of punishment with the ethical demands of justice. Victor Tadros’ has recently addressed 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. The article concludes by briefly describing an alternative punishment rationale that may better address Tadros’ concerns than the Duty View. Victor Tadros then responds to these arguments in an essay following Blumenson’s critique.
Number of Pages in PDF File: 68
Keywords: Punishment, Retributivism, Tadros, Blumenson, Prison, Criminal Justiceworking papers series
Date posted: October 10, 2013 ; Last revised: February 28, 2014
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