Monday, September 17, 2012
Larry Alexander (University of San Diego School of Law) has posted Can Self-Defense Justify Punishment? (Law and Philosophy, Forthcoming) on SSRN. Here is the abstract:
This piece is a review essay on Victor Tadros’s The Ends of Harm. Tadros rejects retributive desert but believes punishment can be justified instrumentally without succumbing to the problems of thoroughgoing consequentialism and endorsing using people as means. He believes he can achieve these results through extension of the right of self-defense. I argue that Tadros fails in this endeavor: he has a defective account of the means principle; his rejection of desert leads to gross mismatches of punishment and culpability; and he cannot account for punishment of inchoate crimes.