« Gay marriage debate in California goes to prison | Main | Delaware Supreme Court finds violation of Sixth Amendment speedy sentencing right »

September 1, 2008

"Respect and Resistance in Punishment Theory"

This title of this post is the title of this intriguing new article available via SSRN.  The piece comes from the always interesting Professor Alice Ristoph, and here is the abstract:

Is it coherent to speak of a right to resist justified punishment?  Thomas Hobbes thought so. This essay seeks first to (re)introduce Hobbes as a punishment theorist, and second to use Hobbes to examine what it means to respect the criminal even as we punish him.  Hobbes is almost entirely neglected by scholars of criminal law, whose theoretical inquiries focus on liberal, rights-based accounts of retribution (often exemplified by Immanuel Kant) and claims of deterrence or other consequentialist benefits (elucidated, for example, by Jeremy Bentham). Writing before Kant or Bentham, Hobbes offered a fascinating account of punishment that will strike contemporary lawyers as both familiar and perplexing.  Hobbes justified punishment within a legal system that adheres to due process, notice, and other principles of the rule of law, but he also insisted that no one consents to be punished, that punishment is an act of violence, and most surprisingly, that the condemned person has a right to resist punishment. In exploring the apparent contradictions in these claims, we find an account of punishment arguably more honest, more egalitarian, and more uniformly respectful than the accounts offered by mainstream retributivist and consequentialist theorists.

September 1, 2008 at 09:57 PM | Permalink

TrackBack

TrackBack URL for this entry:
http://www.typepad.com/services/trackback/6a00d83451574769e200e554d8c1198833

Listed below are links to weblogs that reference "Respect and Resistance in Punishment Theory":

Comments

Bharath Paper Conversion – manufacturers and exporters of paper cone, paper tube, paper core, edge protectors, composite cans, fiber drums and packaging products.

Posted by: K.S. Bala Murugan | Sep 2, 2008 1:40:00 AM

Post a comment

In the body of your email, please indicate if you are a professor, student, prosecutor, defense attorney, etc. so I can gain a sense of who is reading my blog. Thank you, DAB