Abstract

http://ssrn.com/abstract=2336245
 


 



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

Victor Tadros


University of Warwick - School of Law

November 29, 2013

Suffolk University Law School Research Paper No. 13-38

Abstract:     
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 Justice

working papers series


Download This Paper

Date posted: October 10, 2013 ; Last revised: February 28, 2014

Suggested Citation

Blumenson, Eric D. and Tadros, Victor, A Criminal's Duty to Go to Jail? Four Arguments Against Tadros' Philosophy of Punishment, with Responses by Victor Tadros (November 29, 2013). Suffolk University Law School Research Paper No. 13-38. Available at SSRN: http://ssrn.com/abstract=2336245 or http://dx.doi.org/10.2139/ssrn.2336245

Contact Information

Eric Blumenson (Contact Author)
Suffolk University Law School ( email )
120 Tremont Street
Boston, MA 02108-4977
United States
(617) 305-1967 (Phone)
(617) 305-3087 (Fax)
Victor Tadros
University of Warwick - School of Law ( email )
Gibbet Hill Road
Coventry CV4 7AL, CV4 7AL
United Kingdom
(44) 024 76523075 (Phone)
(44) 024 76524105 (Fax)
HOME PAGE: http://www2.warwick.ac.uk/fac/soc/law/staff/academic/tadros

Feedback to SSRN


Paper statistics
Abstract Views: 497
Downloads: 109
Download Rank: 146,070

© 2014 Social Science Electronic Publishing, Inc. All Rights Reserved.  FAQ   Terms of Use   Privacy Policy   Copyright   Contact Us
This page was processed by apollo2 in 0.406 seconds