Toward a Liberal Theory of Punishment: Locke, Property, and Individualism

Abstract

AbstractBy offering a critical analysis of Nicolás Maloberti’s recent theory and justification of punishment, this article accounts for a series of principles and considerations that any liberal and Lockean theory of punishment must take seriously. This article contends that Locke’s conception of the state – an institution grounded on the right to punish violators of natural rights – and the basic character of the right to property within Locke’s scheme of rights are elements that should lead us to affirm that no genuine liberal theory of punishment can dispense with the political character of the right to punish.