Slobogin on Dehumanization

3 Pages Posted: 23 Jan 2009

See all articles by Michael Louis Corrado

Michael Louis Corrado

University of North Carolina School of Law

Abstract

The dehumanization objection to preventive detention is, in Slobogin's words, that "preventive detention shows insufficient respect for the individual because it signals either that the person detained does not possess the capacity to choose the good or that, having such capacity, the person will not do so." This is the proposition that criminals are entitled to be punished, which, as we know, sounds odd only until we understand the alternative: indefinite detention and treatment. Slobogin's solution to the impediment presented by the objection - an impediment to the imposition of preventive detention - is to make deterrability the criterion for application of the objection: No one is to be preventively detained unless he can't or won't respond to the threat of punishment. I raise two objections to the dehumanization objection.

Keywords: preventive detention, right to punishment, dehumanization

JEL Classification: K14

Suggested Citation

Corrado, Michael Louis, Slobogin on Dehumanization. UNC Legal Studies Research Paper No. 1331476, Available at SSRN: https://ssrn.com/abstract=1331476 or http://dx.doi.org/10.2139/ssrn.1331476

Michael Louis Corrado (Contact Author)

University of North Carolina School of Law ( email )

Van Hecke-Wettach Hall, 160 Ridge Road
CB #3380
Chapel Hill, NC 27599-3380
United States

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