The Justification of Punishment: A Comment on Retribution and Deterrence
25 Isr. L. Rev. 452 (1991)
8 Pages Posted: 11 Jan 2016
Date Written: January 10, 2016
In this comment I wish to defend Antony Duffs' final conclusion; namely, that punishment is to be seen as a deterrent system constrained by requirements of justice. I shall do this, however, mainly by using John Kleinig's arguments. My aim is to show that although Kleinig himself rejects deterrence as part of punishment's justification, some of his arguments can best be defended if deterrence is taken into account. In the final section of the comment I shall return to Duff's arguments in this context, but only in order to raise some doubts as to their underlying assumption.
Keywords: Antony Duff, punishment, justice, John Kleinig, deterrence
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