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
Date Written: March 13, 2013
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: Suggested Citation