Chapter

Repentance, Mercy, and Communicative Punishment

Jeffrie G. Murphy

in Crime, Punishment, and Responsibility

Published in print July 2011 | ISBN: 9780199592814
Published online September 2011 | e-ISBN: 9780191729034 | DOI: http://dx.doi.org/10.1093/acprof:oso/9780199592814.003.0002
Repentance, Mercy, and Communicative Punishment

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This chapter challenges Antony Duff's claim that mercy given because of offender repentance is a value extrinsic to criminal punishment and, except perhaps in very rare cases, has no bearing on retributive desert — a core concept in Duff's communicative theory of punishment. It explores several senses of retributive desert and argues that offender repentance is intrinsic to all of them.

Keywords: communicative punishment; remorse; repentance; mercy; retribution; sentencing

Chapter.  5426 words. 

Subjects: Criminal Law

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