Source: (2005) In Erik Claes, RenÃ© FoquÃ©, and Tony Peters, eds., Punishment, Restorative Justice and the Morality of Law. Antwerp; Oxford: Intersentia. Pp. 121-144.
I will begin, in section 1, by making my topic a little more precise, to focus not on the meaning, justification or character of criminal punishment in the abstract, but on what proper role it can play in a liberal democracy: as we will see, this gives the problem of punishment a particular and particularly troubling, significance. In section 2, I will sketch a conception of punishment that, I will argue, shows how it could be appropriate in a liberal democracy; and in section 3, I will argue that such an account of punishment should satisfy at least some of the legitimate concerns of advocates of â€œrestorative justice,â€ whilst rejecting the sharp distinction that both they and their critics so often draw between restorative and punitive measures. (excerpt).
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