23 Pages Posted: 6 Mar 2012
Date Written: 2011
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.
Keywords: preventive detention, punishment, proportionality, retributivism
JEL Classification: K14
Suggested Citation: Suggested Citation
Husak, Douglas, Lifting the Cloak: Preventive Detention as Punishment (2011). San Diego Law Review, Vol. 48, p. 1173, Fall 2011. Available at SSRN: https://ssrn.com/abstract=2016613