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- Title
PUNISHMENT AS LANGUAGE: MISLEADING ANALOGY FOR DESERT THEORISTS.
- Authors
DAVIS, MICHAEL
- Abstract
The article discusses the expressive theory of punishment, the view that punishment is a moral lesson, a proper reproof to the criminal, and a strong enough censure of the crime. Its theorists include Jean Hampton, Sanford Kadish, and Herbert Morris, who have reportedly endorsed the view that punishment is primarily a form of communication rather than a mere deprivation or penalty. The author says Igor Primoratz's "Punishment As Language" is an important contribution to this view, and enriches the language by making a distinction between extrinsic and intrinsic normative expressionism, which the author later discusses and finds misleading. The limitations of the book are looked at, including its intrinsic expressionism which has no value to retributivism.
- Subjects
PUNISHMENT; CRIMINALS; CRIME prevention; COMMUNICATION; PUNISHMENT As Language (Book); PRIMORATZ, Igor; EXPRESSIONISM (Philosophy)
- Publication
Law & Philosophy, 1991, Vol 10, Issue 3, p311
- ISSN
0167-5249
- Publication type
Article
- DOI
10.1007/BF00149800