
Contents
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Retributivism and the Meritocracy Fallacy Retributivism and the Meritocracy Fallacy
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The Value Theory of Criminal Punishment The Value Theory of Criminal Punishment
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Family Crime and Nonfamily Crime Family Crime and Nonfamily Crime
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Justifying Enhanced Punishment Justifying Enhanced Punishment
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Conclusion Conclusion
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4 State Coercion and Criminal Punishment
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Published:May 2018
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Abstract
This chapter proposes a novel normative framework for criminal punishment, called the value theory of criminal punishment, as an alternative to desert-based retributivism. Contrary to retributivists who see criminal desert as pre-social and purely individualistic, the value theory understands it as embedded in communal values and social norms, and thus sees crime not in virtue of its pre-socially evaluated wrongness but in terms of a “normative blow” to the political community undergirded by such values and norms. In the Confucian society in particular, a normative blow to the community complexly implicates both the wrongdoer and the victim, as they are thought to exist not as independent rights-bearing individuals but as quasi-family members of the community. The chapter then singles out family crimes as the gravest moral violation in a Confucian society and justifies enhanced punishment for them from the perspective of the Confucian value theory.
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