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The Right to Be Punished: A Defense

Thom Brooks

Durham University

March 13, 2013

Legal Theory in China 3 (2013): 21-39 (in English and Chinese).

Punishment would not deserve its name if it was a response that most want to avoid. Can we say that we – you and I – have a right to be punished? Or does this claim rest on a fundamental mistake? This article argues that there is a fundamental connection between rights and punishment that is too often overlooked. Punishment is not about the suspension or forfeiture of rights, but their restoration and protection.

Number of Pages in PDF File: 8

Keywords: Punishment, Rights, Restoration, Punitive Restoration, Unified Theory, Hegel, Hart

JEL Classification: K00

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Date posted: March 13, 2013 ; Last revised: June 25, 2014

Suggested Citation

Brooks, Thom, The Right to Be Punished: A Defense (March 13, 2013). Legal Theory in China 3 (2013): 21-39 (in English and Chinese).. Available at SSRN: https://ssrn.com/abstract=2232881

Contact Information

Thom Brooks (Contact Author)
Durham University ( email )
Durham Law School
Durham University
Durham, County Durham DH1 3ET
United Kingdom
+441913344365 (Phone)
HOME PAGE: http://www.dur.ac.uk/law/staff/?mode=staff&id=11140
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