Criminal Offenders and Right Forfeiture
Journal of Social Philosophy 32 (2001): 78-89
Posted: 16 Dec 2012
Date Written: 2001
It is plausible to believe that the only way that legal punishment can be made consistent with the basic moral rights of offenders is to hold that offenders have, through their crimes, forfeited those rights. Numerous problems with the right forfeiture view are discussed. In its stead, I urge the view that legal punishment should be understood as justifiably curtailing the moral rights of offenders. Offenders retain some of their basic moral rights, while others are severely limited by legal punishment.
Keywords: right forfeiture, legal punishment
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