CAPPE

Title: Rights and State Punishment

Abstract

In this essay, I draw upon the insights of W.D. Ross, H.L.A. Hart and John Simmons to develop and defend a “rights” theory of state punishment. Specifically, in response to the two key questions (1) “Why may criminals be punished?”  and (2) “Why is the state uniquely authorized to treat criminals in this way?”, I argue that (1) criminals cannot righteously object to being punished because, in wronging others, they forfeit their rights not to be punished, and that (2) the state violates no rights in assuming exclusive control over the punitive process only because it is uniquely capable of adequately realizing the morally significant aims that a system of punishment can achieve.  I then explain how this theory confirms the need to revise the prevailing justification for international criminal law.

Enquiries to Dr Daniel Cohen: dcohen@csu.edu.au or (02) 6933 2565

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Next Melbourne seminar- TBA

Enquiries to Dr Steven Curry: sbcurry@unimelb.edu.au or (03) 8344 3852

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Seminars in Wagga Wagga

The Centre presents regular seminars on the Wagga Wagga campus of Charles Sturt University. These are held on Tuesdays at 5:00 pm in Room 181, Marchant Hall unless otherwise stated.

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Next Wagga Wagga seminar- TBA

Enquiries to Dr Daniel Cohen: dcohen@csu.edu.au or (02) 6933 2565

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