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Is the Rothbardian Theory of Punishment Retributive?

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dc.contributor.author Dominiak, Łukasz
dc.date.accessioned 2024-01-13T15:21:08Z
dc.date.available 2024-01-13T15:21:08Z
dc.date.issued 2023-09-27
dc.identifier.citation Roczniki Filozoficzne/Annals of Philosophy vol. 71, no. 3, 2023, pp. 5 - 23
dc.identifier.issn 0035-7685
dc.identifier.other https://doi.org/10.18290/rf23713.1
dc.identifier.uri http://repozytorium.umk.pl/handle/item/6967
dc.description.abstract Murray Rothbard claims that it is “evident that our theory of proportional punishment—that people may be punished by losing their rights to the extent that they have invaded the rights of others—is frankly a retributive theory of punishment, a ‘tooth (or two teeth) for a tooth’ theory.” The present paper argues that it is not. The role that Rothbard assigns for victims in determining punishment justifies classifying his theory of punishment as corrective rather than retributive, for vesting victims with rights over punishment defeats the retributive justice requirement that criminals are punished solely because they deserve it and in accordance with their respective deserts. Instead of giving offenders what they objectively deserve, the Rothbardian theory of punishment allows victims to seek compensation in various forms, including revenge.
dc.description.sponsorship Narodowe Centrum Nauki/National Science Centre This research was funded in whole or in part by the National Science Centre, Poland, grant no. 2020/39/B/HS5/00610. For Open Access, the author has applied a CC-BY public copyright licence to any Author Accepted Manuscript (AAM) version arising from this submission.
dc.language.iso eng
dc.publisher Towarzystwo Naukowe KUL
dc.rights Attribution 4.0 Poland
dc.rights.uri https://creativecommons.org/licenses/by/4.0/deed.pl
dc.subject libertarianism
dc.subject punishment
dc.subject retribution
dc.subject restitution
dc.subject compensation
dc.subject Murray Rothbard
dc.title Is the Rothbardian Theory of Punishment Retributive?
dc.title.alternative Czy rothbardowska teoria kary jest retrybutywna?
dc.type info:eu-repo/semantics/article


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