The Right to Be Punished: A Defense
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
Date posted: March 13, 2013 ; Last revised: June 25, 2014