Lifting the Cloak: Preventive Detention as Punishment

23 Pages Posted: 6 Mar 2012  

Douglas Husak

Rutgers, The State University of New Jersey - Department of Philosophy

Date Written: 2011

Abstract

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

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

Douglas N. Husak (Contact Author)

Rutgers, The State University of New Jersey - Department of Philosophy ( email )

106 Somerset Street, 5th Floor
Rutgers University
New Brunswick, NJ 08901
United States

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