By William Wringe
This publication argues that punishment's functionality is to speak a message approximately an offenders' wrongdoing to society at huge. It discusses either 'paradigmatic' situations of punishment, the place a kingdom punishes its personal voters, and non-paradigmatic situations akin to the punishment of organizations and the punishment of conflict criminals by way of overseas tribunals.
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Additional resources for An Expressive Theory of Punishment
On my account of 24 Ancient Stoics like Epictetus held that ‘the only way I can be harmed is to become less virtuous’ (Epictetus 1928 passim). My argument does not require that the reader accept the Stoic view, but only that someone else might do so. 28 An Expressive Theory of Punishment harshness, it does not follow from the fact that X has been punished that they have actually been burdened. So in this sense of ‘burdensome’, it is not true that on my account punishment imposes anything at all on people because it is burdensome.
I have argued that harsh treatment need not be intended to cause suffering. 41 A form of treatment need not be intended to cause suffering in order to have this role. A response to wrongdoing can be understood in the right way even if it does not actually cause suffering. It may be enough that it is the sort of thing which members of the society would typically take to be burdensome. In this case it need not be part of our intention in punishing someone that they are made to suffer. We need only intend that the punishment be harsh in the sense I have outlined.
41 A form of treatment need not be intended to cause suffering in order to have this role. A response to wrongdoing can be understood in the right way even if it does not actually cause suffering. It may be enough that it is the sort of thing which members of the society would typically take to be burdensome. In this case it need not be part of our intention in punishing someone that they are made to suffer. We need only intend that the punishment be harsh in the sense I have outlined. To see this, consider our responses to a citizen who, knowing that certain kinds of judicial response to wrongdoing were, in my terms ‘harsh’, concerned themselves with the question of whether particular, named individuals were actually being caused suffering.
An Expressive Theory of Punishment by William Wringe