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The Three Dimensions of Freedom, Crime, and Punishment: Book Review
The Three Dimensions of Freedom, Crime, and Punishment: Book Review
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BOOK REVIEW
The Three Dimensions of Freedom, Crime,
and Punishment
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4. Note that individuals are never solely persons or entirely subjects. Rather,
they are persons in some respects and subjects in others, a mix that will likely be
unique for each individual.
5. Note that acting from duty is not required; only actions according to duty
are (84). See also Immanuel Kant, The Metaphysics of Morals 6:219 (Mary Gregor
ed. & trans., 1996) (1797). (That lawgiving which makes an action a duty and
also makes this duty the incentive is ethical. But that lawgiving which does not
include the incentive of duty in the law and so admits an incentive other than the
idea of duty itself is juridical.).
6. A general duty of minimal assistance is a requirement of German but not
of U.S. criminal law. See Strafgesetzbuch [StGB] [German Penal Code] Nov. 13,
1998, Bundesgesetzblatt, Teil I [BGBl.] 3322, 323c, translation available at
http://www.iuscomp.org/gla/statutes/StGB.htm#323c (last visited August 1, 2005).
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In a nutshell:
One and the same criminal act, the culpable violation of a
duty, may be discussed on different planes of interpretation:
as unjustified diminution of someones potential to act, as
disregard for someone elses plan of life, and finally as a
breach of the civic duty to contribute to the maintenance of
a common state of freedom. (75-76)
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12. See, e.g., Joel Feinberg, Doing and Deserving 100 (1970) (To say that the
very physical treatment itself expresses condemnation is to say simply that
certain forms of hard treatment have become the conventional symbols of public
reprobation.).
13. See, e.g., Anthony Skillen, How to Say Things with Walls, 55 Phil. 509,
517 (1980) (Feinberg vastly underrates the natural appropriateness, the nonarbitrariness, of certain forms of hard treatment to be the expression or
communication of moralistic and punitive attitudes. Such practices embody
punitive hostility, they do not merely symbolize it.).
14. See, e.g., Uma Narayan, Appropriate Responses and Preventive Benefits:
Justifying Censure and Hard Treatment in Legal Punishment, 13 Oxford J.Legal
Stud. 166, 181 (1993) (noting that hard treatment can function so as to provide
these moral agents with additional prudential incentives for not breaking these
laws, given the facts of human frailty and proneness to temptation). See also
Andrew von Hirsch, Censure and Sanctions (1993).
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19. See, e.g., Robert Nozick, Anarchy, State, and Utopia (1974). For a radical
version of the argument that all traditional functions of government can better be
performed through private arrangements, see David D. Friedman, The Machinery
of Freedom (2d ed. 1989).
20. Thomas Hobbes, Leviathan ch. 13, para. 8 (1996) (1651).
21. See, e.g., Robert Ingelhart & Wayne E. Baker, Modernization, Cultural
Change, and the Persistence of Traditional Values, 65 Am. Soc. Rev. 23 (2000);
Dan M. Kahan & Donald Braman, More Statistics, Less Persuasion: A Cultural
Theory of Gun-Risk Perceptions, 151 U. Pa. L. Rev. 1291 (2003).
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22. In other words, the question is whether difference or unity should be at the
center of political philosophy.