What are the Duties in the Duty View?

18 Pages Posted: 25 Jun 2012  

Kimberley Brownlee

University of Warwick

Date Written: June 25, 2012

Abstract

This paper critically examines Victor Tadros’s ‘Duty View’, which he defends in his highly stimulating book The Ends of Harm. This paper shows that, while there are many attractive parts to Tadros’s account including its focus on offenders’ reparative duties, it can be challenged on how it understands the duties of offenders and victims. The best version of the Duty View fits within a non-punitive theory of criminal justice rather than a deterrence theory of punishment.

Keywords: Crime, Deterrence theory, Duty, Duty View, Inclination, Punishment, Reparation

Suggested Citation

Brownlee, Kimberley, What are the Duties in the Duty View? (June 25, 2012). Warwick School of Law Research Paper No. 2012/16. Available at SSRN: https://ssrn.com/abstract=2091076

Kimberley Brownlee (Contact Author)

University of Warwick ( email )

Gibbet Hill Rd.
Coventry CV4 7AL
United Kingdom

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