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eBook details

• Title: Dignity and Desert in Punishment Theory.
• Author : Harvard Journal of Law & Public Policy
• Release Date : January 22, 2003
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 273 KB

Description

Once upon a time, human dignity played a large role in the theory of punishment. Then punishment fell victim, both in theory and in practice, to the central philosophical mistake of the twentieth-century. (1) A criminal justice system based on human dignity and just deserts was replaced by a system of quarantine. We were left with an enormous state apparatus devoted to the efficient incapacitation of undesirable people. This regime still goes by the name of the criminal justice system, but it now has little to do with crime or justice, because the quarantine of people deemed likely to decrease social welfare has a completely different provenance from punishment. (2) Both the putative necessity and the specious justification of quarantine originate, in part, in a mistaken conception of value and normativity. I. A SHORT HISTORY OF THE DEVOLUTION FROM PUNISHMENT TO QUARANTINE

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