Monday, March 25, 2013
Thom 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.