The Justification of Punishment: A Comment on Retribution and Deterrence

8 Pages Posted: 11 Jan 2016

See all articles by Miriam Gur-Arye

Miriam Gur-Arye

Hebrew University of Jerusalem - Faculty of Law

Date Written: January 10, 2016

Abstract

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

Suggested Citation

Gur Arye, Miriam, The Justification of Punishment: A Comment on Retribution and Deterrence (January 10, 2016). 25 Isr. L. Rev. 452 (1991), Hebrew University of Jerusalem Legal Research Paper, Available at SSRN: https://ssrn.com/abstract=2713425

Miriam Gur Arye (Contact Author)

Hebrew University of Jerusalem - Faculty of Law ( email )

Mount Scopus
Mount Scopus, IL 91905
Israel

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