Abstract

What should we do in cases in which public blame takes an important role? Should we rely on it and forget about Institutional alternatives? Here I present one of Duff’s new developments from The Realm of Criminal Law that will certainly generate new debates: the right to be prosecuted. I begin with an example followed by an argument that I believe will meet with Duff’s approval. My goal in the paper will be to expand the right to be prosecuted, as presented in The Realm of Criminal Law and argue that the proper solution will be to defend the exercise of the right to be prosecuted and respond to the accusations.

Highlights

  • During the last ten years I have been inspired by Antony Duff’s work and developed many of my own central ideas in reference to this corpus

  • Beade doing Y? At the same time, Duff’s framework has often been characterized in different ways: many legal theorists read him as being close to abolitionism, Duff is not an abolitionist

  • Public blame and censure against him is unanimous and everyone agrees that Mr Lamb is wrong

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Summary

INTRODUCTION

During the last ten years I have been inspired by Antony Duff’s work and developed many of my own central ideas in reference to this corpus. There has always been something that concerned me about Duff’s ideas on blame and the communicative function of punishment.. I have doubts about Duff’s response to particular cases, e.g.: should we have punished X for doing Y? Others criticize him for being neither a pure liberal nor a pure republican. Over the past ten years Duff many times criticized abolitionism and developed a particular liberal republican approach. I present one of Duff’s new developments from The Realm of Criminal Law that will certainly generate new debates: the right to be prosecuted. My goal will be to expand the right to be prosecuted, as presented in The Realm of Criminal Law

INCITEMENT TO RAPE
CATEGORICAL AND CONDITIONAL RIGHT TO BE PROSECUTED
WHY PUBLIC BLAME IS NOT ENOUGH
WHY NOT THE RESTORATIVE JUSTICE ALTERNATIVE?
PROSECUTING INCITEMENT IN A LIBERAL REPUBLIC?
FINAL REMARKS
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