Legal Coercion , Respect & Reason - responsive Agency
نویسنده
چکیده
1. There is a way of thinking about law that contemporary normative theorists on criminalization and legal punishment are particularly anxious about, and that way is to conceive law as involving legal coercion in the manner of threats. This way of conceiving law is unsurprising, especially when we look at criminal law; it prescribes requirements of conduct (e.g. do not murder) for which we are liable to be punished when we fail to conform to them (e.g. life imprisonment). It then seems they are just like coercive threats: do not murder, or else you will be imprisoned for life. Indeed, conceiving criminal law in this way is best suggested by a deterrence-based justification of punishment, where the justifiability of punishment lies mainly in its ability to deter people from committing crimes. 1 Under this picture, punishment is then seen as a kind of threat, which seeks to deter people from violating the requirements of conduct that are prescribed by the criminal law. 2
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