Jump to ContentJump to Main Navigation
The Ends of HarmThe Moral Foundations of Criminal Law$
Users without a subscription are not able to see the full content.

Victor Tadros

Print publication date: 2011

Print ISBN-13: 9780199554423

Published to Oxford Scholarship Online: January 2012

DOI: 10.1093/acprof:oso/9780199554423.001.0001

Show Summary Details
Page of

PRINTED FROM OXFORD SCHOLARSHIP ONLINE (oxford.universitypressscholarship.com). (c) Copyright Oxford University Press, 2020. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in OSO for personal use. date: 04 December 2020

Protection Against Punishment

Protection Against Punishment

(p.312) 14 Protection Against Punishment
The Ends of Harm

Victor Tadros

Oxford University Press

One objection that is often made to consequentialist theories of punishment is that they cannot motivate attractive limits on state punishment, or they cannot motivate those limits in the right way. It seems unfair to punish innocent people in order to deter crimes, and even offenders ought only to be punished proportionately for what they have done. These provide two important liberal limits on state punishment. This chapter is concerned with one of those limits: punishment is only rightly imposed on those who have breached a just criminal law. This idea has many dimensions, including the rule of law, criminal responsibility, criminalization and fair-trial protections. Each of these dimensions is explored in the light of the theory of punishment outlined in chapters 12 and 13.

Keywords:   rule of law, criminal responsibility, trials, criminalization

Oxford Scholarship Online requires a subscription or purchase to access the full text of books within the service. Public users can however freely search the site and view the abstracts and keywords for each book and chapter.

Please, subscribe or login to access full text content.

If you think you should have access to this title, please contact your librarian.

To troubleshoot, please check our FAQs , and if you can't find the answer there, please contact us .