The Right to Be Punished: A Defense

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

8 Pages Posted: 13 Mar 2013 Last revised: 25 Jun 2014

Thom Brooks

Durham University

Date Written: March 13, 2013

Abstract

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.

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

JEL Classification: K00

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

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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