CrimProf Blog

Editor: Kevin Cole
Univ. of San Diego School of Law

Saturday, April 9, 2011

Brooks on Autonomy, Freedom and Punishment

Brooks thom Thom Brooks (Newcastle University - Newcastle Law School) has posted Autonomy, Freedom, and Punishment (Jurisprudence, Forthcoming) on SSRN. Here is the abstract:

In Punishment and Freedom, Alan Brudner offers an important contribution to how we understand retributivism and legal punishment with his theory of “legal retributivism.” One aspect of his legal retributivism is that we punish others not necessarily for the harms they threaten or enact, but for their threat to our individual autonomy. There is much promising in this account, although I believe that there are some significant concerns which remain. This essay will explain these concerns and why they may prove troublesome for legal retributivism.

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