Cookies Policy

This site uses cookies. By continuing to browse the site you are agreeing to our use of cookies.

I accept this policy

Find out more here

State Denunciation of Crime

Brill’s MyBook program is exclusively available on BrillOnline Books and Journals. Students and scholars affiliated with an institution that has purchased a Brill E-Book on the BrillOnline platform automatically have access to the MyBook option for the title(s) acquired by the Library. Brill MyBook is a print-on-demand paperback copy which is sold at a favorably uniform low price.

Access this chapter

+ Tax (if applicable)

Chapter Summary

The author concerns communicative theories of punishment that have been defended by Andrew von Hirsch and Antony Duff. On such theories, punishment is justified at least in part as the authoritative censure or condemnation of crime. He looks at a different problem, which arises simply from the notion of authoritative condemnation itself. He asks a question to what extent the communicative theory is committed to a type of legal moralism that liberals ought to regard with suspicion. Jeffrie Murphy has raised the problem in a discussion of Joel Feinberg's view that punishment has an expressive, stigmatizing function. He argues that there is a tension, on one hand, between, Feinberg's liberalism and attachment to the Millian Harm Principle and, on the other, his support for a punitive institution that acts coercively against citizens on the grounds of moral failure.

Keywords: communicative theory; crime; Joel Feinberg's liberalism; legal moralism; punishment



Can't access your account?
  • Tools

  • Add to Favorites
  • Printable version
  • Email this page
  • Recommend to your library

    You must fill out fields marked with: *

    Librarian details
    Your details
    Why are you recommending this title?
    Select reason:
    Law and Legal Theory — Recommend this title to your library
  • Export citations
  • Key

  • Full access
  • Open Access
  • Partial/No accessInformation