Abstract
A rights forfeiture theory of punishment seeks to explain when and why punishment is permissible. While traditional accounts, such as retributivism or deterrence theory, identify morally valuable aims that punishment might secure, only a forfeiture theory of punishment successfully establishes why a wrongdoer's rights are not violated when she is subjected to hard treatment. This chapter aims to provide an overview of forfeiture theory, clarify the concept, and discuss a number of puzzles and objections raised by the theory. It includes discussions of weak versus strong versions of forfeiture, objections to forfeiture theory, rights reclamation, and the question of relatedness.
| Original language | English |
|---|---|
| Title of host publication | The Oxford Handbook of the Philosophy of Punishment |
| Publisher | Oxford University Press |
| Pages | 113-126 |
| Number of pages | 14 |
| ISBN (Electronic) | 9780197750537 |
| ISBN (Print) | 9780197750506 |
| DOIs | |
| State | Published - Oct 22 2024 |
Keywords
- Culpability
- Forfeiture
- Moral rights
- Punishment
- Reclamation