Kolber on Unintentional Punishment

Adam J. Kolber (Brooklyn Law School) has posted Unintentional Punishment (Legal Theory, Forthcoming) on SSRN. Here is the abstract: Theorists overwhelmingly agree that in order for some conduct to constitute punishment, it must be imposed intentionally. Some have argued that a theory of punishment need not address unintentional aspects of punishment, like the bad experiences associated with incarceration, because such side effects are not imposed intentionally and are, therefore, not punishment. In this essay, I explain why we must measure and justify the unintended hardships associated with punishment. I argue that our intuitions about punishment severity are largely indifferent as to whether a hardship was inflicted purposely or was merely foreseen. Moreover, under what I call the "justification symmetry principle," the state must be able to justify the imposition of the side effects of punishment because you or I would have to justify the same kind of conduct. Therefore, any justification of punishment that is limited to intentional inflictions cannot justify a punishment practice like incarceration because it cannot justify the side effects which necessarily accompany it. Highly recommended.

Read more detail on Recent Legal Theory Posts –

Legal notice about the Kolber on Unintentional Punishment rubric : Hukuki Net Legal News is not responsible for the privacy statements or other content from Web sites outside of the Hukuki.net site. Please refer the progenitor link to check the legal entity of this resource hereinabove.

Do you need High Quality Legal documents or forms related to Kolber on Unintentional Punishment?

This entry was posted in Legal Theory and tagged , , . Bookmark the permalink.

Leave a Reply