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Books > Humanities > Philosophy > Topics in philosophy > Ethics & moral philosophy
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Punishment and Freedom (Paperback)
Loot Price: R1,561
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Punishment and Freedom (Paperback)
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This book sets out a new understanding of the penal law of a
liberal legal order. The prevalent view today is that the penal law
is best understood from the standpoint of a moral theory concerning
when it is fair to blame and censure an individual character for
engaging in proscribed conduct. By contrast, this book argues that
the penal law is best understood by a political and constitutional
theory about when it is permissible for the state to restrain and
confine a free agent. The book's thesis is that penal action by
public officials is permissible force rather than wrongful violence
only if it could be accepted by the agent as being consistent with
its freedom. There are, however, different conceptions of freedom,
and each informs a theoretical paradigm of penal justice generating
distinctive constraints on state coercion. Although this plurality
of paradigms creates an appearance of fragmentation and
contradiction in the law, the author argues that the penal law
forms a complex whole uniting the constraints on punishment flowing
from each paradigm.
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