Journal Title
Title of Journal: Criminal Law Philosophy
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Abbravation: Criminal Law and Philosophy
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Publisher
Springer Netherlands
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Authors: Jason Brennan
Publish Date: 2015/11/04
Volume: 11, Issue: 4, Pages: 801-815
Abstract
Alon Harel wants to show that punishment is a kind of symbolic expression that as a matter of metaphysical necessity can only be performed by governmental agents Contrary to Harel I argue private agents can in fact realize those features he argues only public agents can realize I also argue that even if he were right that only public guards and wardens can punish it’s unclear why we would have an allthingsconsidered rather than merely a pro tanto/prima facie duty to punish An instrumentalist can grant Harel that only state employees can punish but still decide on instrumental grounds to reject public punishment in favor of private “schpunishment”
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