Abstract
This chapter challenges Antony Duff's claim that mercy given because of offender repentance is a value extrinsic to criminal punishment and, except perhaps in very rare cases, has no bearing on retributive desert - a core concept in Duff's communicative theory of punishment. It explores several senses of retributive desert and argues that offender repentance is intrinsic to all of them.
Original language | English (US) |
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Title of host publication | Crime, Punishment, and Responsibility |
Subtitle of host publication | The Jurisprudence of Antony Duff |
Publisher | Oxford University Press |
ISBN (Electronic) | 9780191729034 |
ISBN (Print) | 9780199592814 |
DOIs | |
State | Published - Sep 22 2011 |
Keywords
- Communicative punishment
- Mercy
- Remorse
- Repentance
- Retribution
- Sentencing
ASJC Scopus subject areas
- Social Sciences(all)