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    LoyalLoyalJusticeJustice
    Made withinDC&Austin
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    This assumption is illegitimate: one should not presuppos... — Carmelics
    Home/Justice & Punishment
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    Supports→Normative theorists of punishment must be open to the possibility that punishment cannot be justified.

    This assumption is illegitimate: one should not presuppose the conclusion one is trying to establish.

    Justice & Punishment
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    Justice & Punishment

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    Normative theorists of punishment must be open to the possibility that punishmen...

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    Both of these presuppositions can be challenged.72%These independent justifications are not derived from, nor do they dep...

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    Even this way of putting the matter oversimplifies it, by implying that we can hope to find a ‘complete normative account of punishment’: an account, that is, of how punishment can be justified. It is certainly an implicit assumption of much philosophical and legal discussion that punishment can, of course, be justified, and that the theorists’ task is to establish and explicate that justification. But it is an illegitimate assumption: normative theorists must be open to the possibility, startling and disturbing as it might be, that this pervasive human practice cannot be justified. Nor is thi...

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