Chapter

Punishment

Kimberley Brownlee

in Conscience and Conviction

Published in print October 2012 | ISBN: 9780199592944
Published online January 2013 | e-ISBN: 9780191746109 | DOI: http://dx.doi.org/10.1093/acprof:oso/9780199592944.003.0009

Series: Oxford Legal Philosophy

Punishment

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This concluding chapter continues the discussion of punishment by showing that civil disobedients have a moral right not to be punished. This right protects against both concretely burdensome hard treatment and symbolic censure. It puts a negative moral gloss on any lawful punishment of civil disobedience as something that wrongs the civil disobedient. That said, this moral right is not absolute. In some cases, there may be moral grounds for overriding it and communicating censure for the breach of law. But, in general, the reasons to respect the right recommend a non-punitive restorative approach that clearly distinguishes civil disobedients from ordinary offenders.

Keywords: punishment; rights; liberty; penalisation; symbolic censure

Chapter.  6165 words. 

Subjects: Jurisprudence and Philosophy of Law

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