CrimProf Blog

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

Monday, March 25, 2013

Brooks on the Right to be Punished

Brooks thomThom Brooks (Durham University) has posted The Right to Be Punished: A Defense (Legal Theory in China (2013) (in English and Chinese), Forthcoming) on SSRN. Here is the abstract:

Punishment would not deserve its name if it was a response that most want to avoid. Can we say that we – you and I – have a right to be punished? Or does this claim rest on a fundamental mistake? This article argues that there is a fundamental connection between rights and punishment that is too often overlooked. Punishment is not about the suspension or forfeiture of rights, but their restoration and protection.

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