Jump to ContentJump to Main Navigation
Crime, Punishment, and ResponsibilityThe Jurisprudence of Antony Duff$
Users without a subscription are not able to see the full content.

Rowan Cruft, Matthew H. Kramer, and Mark R. Reiff

Print publication date: 2011

Print ISBN-13: 9780199592814

Published to Oxford Scholarship Online: September 2011

DOI: 10.1093/acprof:oso/9780199592814.001.0001

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: 20 October 2020

The Offender's Part in the Dialogue

The Offender's Part in the Dialogue

(p.54) 4 The Offender's Part in the Dialogue
Crime, Punishment, and Responsibility

Kimberley Brownlee

Oxford University Press

This chapter presents three objections to Antony Duff's claim that legitimate lawful punishment is a liberal state's effort to engage an offender in a moral dialogue about her conduct. The first objection is the Scripting Problem that punishment requires an offender to engage in the public ritual of apology and penance with its expected expressions of grief and remorse irrespective of her attitudes toward the judgement upon her. A forced response that is impervious to her attitudes not only fails to respect her as a person and a citizen, but also fails to satisfy the conditions for moral dialogue. The second objection is the more focused Generic Script Problem that certain offenders, such as fully repentant offenders and civil disobedients, should not want to follow the formal script assigned to offenders by the state, because they differ relevantly from unrepentant offenders in their attitudes and their reasoning about their acts. The third objection is the Status-Change Problem that the state's communication of condemnation to an offender is a performative act that alters the offender's legal status in a way that undermines the conditions for genuine moral dialogue.

Keywords:   civil disobedience, communication, communicative theory, condemnation, legal status, moral dialogue, repentance, respect, punishment

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 .