Chapter

Retrieving Retributivism

R.A. Duff

in Retributivism

Published in print March 2011 | ISBN: 9780199752232
Published online May 2011 | e-ISBN: 9780199895342 | DOI: http://dx.doi.org/10.1093/acprof:oso/9780199752232.003.0002
Retrieving Retributivism

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This chapter offers new perspectives on his position that punishment communicates the censure that the offender deserves for his crime, focusing on the challenge of explaining why penal “hard treatment” should be the appropriate means of communication. The chapter meets that challenge by showing that appropriate kinds of penal hard treatment can serve as a vehicle for a two-way communication between offender and political community—the communication of formal censure from community to offender, and of formally apologetic recognition from offender to community—which is motivated by the offender’s wrongdoing as ascertained during a fair trial, which Duff emphasizes as critical to the retributivist project. This chapter goes beyond the author's last book in developing the “apology” dimension and saying more about the relationship between retributive and restorative justice, bringing together ideas from some of the work that he has published since then (most in relatively obscure publications).

Keywords: retributivism; communication; apology; restorative justice; communicative retributivism

Chapter.  12228 words. 

Subjects: Criminal Law

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