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Article: Temptations, social deprivation and punishment

TitleTemptations, social deprivation and punishment
Authors
Issue Date2010
PublisherOxford University Press. The Journal's web site is located at http://ojls.oxfordjournals.org/
Citation
Oxford Journal Of Legal Studies, 2010, v. 30 n. 4, p. 775-785 How to Cite?
AbstractAndrew von Hirsch and Andrew Ashworth recently argued that there is generally a reason to punish a socially deprived offender less than his non-deprived counterpart (ie someone who is not socially deprived but is otherwise similar to the deprived offender in that he committed the same crime, caused the same harm, with the same degree of foresight, etc), because deprived offenders generally face stronger temptations to offend than their non-deprived counterparts. In reply, I will argue that we should draw a distinction between (i) facing stronger temptations to offend when one offended and (ii) acting on stronger temptations in offending. The distinction is analogous to Antony Duff's distinction between having a reason for an action and acting on/for that reason. After drawing the distinction, I will argue that while acting on stronger temptations in offending should be a mitigating factor, facing stronger temptations to offend per se should not be a mitigating factor. Moreover, I will argue that since it is not true that deprived offenders generally act on stronger temptations in offending, social deprivation cannot be defended as a general mitigating plea on the basis that deprived offenders generally act on stronger temptations in offending. © The Author 2010. Published by Oxford University Press. All rights reserved.
Persistent Identifierhttp://hdl.handle.net/10722/156004
ISSN
2015 Impact Factor: 0.887
2015 SCImago Journal Rankings: 0.332
ISI Accession Number ID
References

 

DC FieldValueLanguage
dc.contributor.authorChau, Pen_US
dc.date.accessioned2012-08-08T08:39:26Z-
dc.date.available2012-08-08T08:39:26Z-
dc.date.issued2010en_US
dc.identifier.citationOxford Journal Of Legal Studies, 2010, v. 30 n. 4, p. 775-785en_US
dc.identifier.issn0143-6503en_US
dc.identifier.urihttp://hdl.handle.net/10722/156004-
dc.description.abstractAndrew von Hirsch and Andrew Ashworth recently argued that there is generally a reason to punish a socially deprived offender less than his non-deprived counterpart (ie someone who is not socially deprived but is otherwise similar to the deprived offender in that he committed the same crime, caused the same harm, with the same degree of foresight, etc), because deprived offenders generally face stronger temptations to offend than their non-deprived counterparts. In reply, I will argue that we should draw a distinction between (i) facing stronger temptations to offend when one offended and (ii) acting on stronger temptations in offending. The distinction is analogous to Antony Duff's distinction between having a reason for an action and acting on/for that reason. After drawing the distinction, I will argue that while acting on stronger temptations in offending should be a mitigating factor, facing stronger temptations to offend per se should not be a mitigating factor. Moreover, I will argue that since it is not true that deprived offenders generally act on stronger temptations in offending, social deprivation cannot be defended as a general mitigating plea on the basis that deprived offenders generally act on stronger temptations in offending. © The Author 2010. Published by Oxford University Press. All rights reserved.en_US
dc.languageengen_US
dc.publisherOxford University Press. The Journal's web site is located at http://ojls.oxfordjournals.org/en_US
dc.relation.ispartofOxford Journal of Legal Studiesen_US
dc.titleTemptations, social deprivation and punishmenten_US
dc.typeArticleen_US
dc.identifier.emailChau, P:pscchau@hku.hken_US
dc.identifier.authorityChau, P=rp01529en_US
dc.description.naturelink_to_subscribed_fulltexten_US
dc.identifier.doi10.1093/ojls/gqq027en_US
dc.identifier.scopuseid_2-s2.0-78649881801en_US
dc.relation.referenceshttp://www.scopus.com/mlt/select.url?eid=2-s2.0-78649881801&selection=ref&src=s&origin=recordpageen_US
dc.identifier.volume30en_US
dc.identifier.issue4en_US
dc.identifier.spage775en_US
dc.identifier.epage785en_US
dc.identifier.isiWOS:000289289700007-
dc.publisher.placeUnited Kingdomen_US
dc.identifier.scopusauthoridChau, P=36661983000en_US
dc.identifier.citeulike8418563-

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