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Original scientific paper
https://doi.org/10.31820/ejap.16.1.3

Right to be Punished?

Adriana Placani   ORCID icon orcid.org/0000-0002-3772-2571 ; University of Graz
Stearns Broadhead   ORCID icon orcid.org/0000-0002-6691-8928 ; University of Graz

Fulltext: english, pdf (354 KB) pages 53-74 downloads: 143* cite
APA 6th Edition
Placani, A. & Broadhead, S. (2020). Right to be Punished?. European Journal of Analytic Philosophy, 16 (1), 53-74. https://doi.org/10.31820/ejap.16.1.3
MLA 8th Edition
Placani, Adriana and Stearns Broadhead. "Right to be Punished?." European Journal of Analytic Philosophy, vol. 16, no. 1, 2020, pp. 53-74. https://doi.org/10.31820/ejap.16.1.3. Accessed 25 Oct. 2021.
Chicago 17th Edition
Placani, Adriana and Stearns Broadhead. "Right to be Punished?." European Journal of Analytic Philosophy 16, no. 1 (2020): 53-74. https://doi.org/10.31820/ejap.16.1.3
Harvard
Placani, A., and Broadhead, S. (2020). 'Right to be Punished?', European Journal of Analytic Philosophy, 16(1), pp. 53-74. https://doi.org/10.31820/ejap.16.1.3
Vancouver
Placani A, Broadhead S. Right to be Punished?. European Journal of Analytic Philosophy [Internet]. 2020 [cited 2021 October 25];16(1):53-74. https://doi.org/10.31820/ejap.16.1.3
IEEE
A. Placani and S. Broadhead, "Right to be Punished?", European Journal of Analytic Philosophy, vol.16, no. 1, pp. 53-74, 2020. [Online]. https://doi.org/10.31820/ejap.16.1.3

Abstracts
It appears at least intuitively appropriate to claim that we owe it to victims to punish those who have wronged them. It also seems plausible to state that we owe it to society to punish those who have violated its norms. However, do we also owe punishment to perpetrators themselves? In other words, do those who commit crimes have a moral right to be punished? This work examines the sustainability of the right to be punished from the standpoint of the two main theories of rights—the will and the interest conceptions. The right to be punished is shown to be largely indefensible on both accounts: on the will theory, the right to be punished conflicts with autonomy, and it can neither be claimed nor waived by a perpetrator; on the interest theory, a perpetrator’s interest in punishment, inasmuch as it exists, is not sufficient to ground a duty on the part of the state.

Keywords
Punishment; right to be punished; Duff; communicative theory of punishment; rights; will theory; interest theory

Hrčak ID: 238983

URI
https://hrcak.srce.hr/238983

[croatian]

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