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The Forfeiture Theory of Punishment: Surviving Boonin’s Objections

Kershnar, Stephen · 2010
PhilArchive · Papers · 2010
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philosophy
In this paper, I set out a version of the Forfeiture Theory of Punishment. Forfeiture Theory: Legal punishment is just or permissible because offenders forfeit their rights.On this account, offenders forfeit their rights because they infringed on someone’s rights. My strategy is to provide a version of the Forfeiture Theory and then to argue that it survives a number of initially intuitive seeming objections, most having their origins in the recent work of David Boonin.
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