Chapter

The Right to Punish

Michael Otsuka

in Libertarianism without Inequality

Published in print July 2003 | ISBN: 9780199243952
Published online November 2003 | e-ISBN: 9780191598142 | DOI: http://dx.doi.org/10.1093/0199243956.003.0004
 The Right to Punish

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Offers a Lockean account of a natural right to punish, which is grounded in a natural right of self‐protection. Endorses Warren Quinn's derivation of the right to punish from a right of self‐protection, but argues, against Quinn, that his account will succeed only if one is allowed, when justifying punishment, to appeal to the fact that the punishment of the guilty will deter others. Also argues that Quinn's account will succeed only if the right to engage in lethal measures to protect the lives of individuals against innocent aggressors is highly circumscribed.

Keywords: deterrence; innocent aggressor; John Locke; natural rights; punishment; Warren Quinn; self‐defence; self‐protection

Chapter.  4317 words. 

Subjects: Moral Philosophy

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