The Rights Forfeiture Theory of Punishment on JSTOR

Ethics

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Founded in 1890, Ethics publishes scholarly work in moral, political, and legal philosophy from a variety of intellectual perspectives, including social and political theory, law, and economics. In addition to major articles, Ethics also publishes review essays, discussion articles, and book reviews.

The Editors welcome work that draws on more than one disciplinary approach, as well as contributions from outside the United States. Essays should avoid unnecessary technicality and strive to be accessible to the widest possible audience without sacrificing clarity and rigor. Ethics publishes both theory and the application of theory to contemporary moral issues. Historical essays are welcome, provided they have significant implications for contemporary theory.

Coverage: 1938-2015 (Vol. 48, No. 3 - Vol. 126, No. 1)

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ISSN: 00141704

EISSN: 1539297X

Subjects: Philosophy, Humanities

Collections: Arts & Sciences I Collection, JSTOR Essential Collection

Abstract

Punishment is notoriously difficult to justify because it involves visiting hard treatment upon those who are punished. The rights forfeiture theory of punishment contends that punishment is justified when and because the criminal has forfeited her right not to be subjected to this hard treatment. Because of a number of apparently devastating objections, this account has very few advocates. In this essay I aim to rehabilitate the rights forfeiture account by offering responses to the standard criticisms.

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The Rights Forfeiture Theory of Punishment

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The Rights Forfeiture Theory of Punishment

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