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In his Rights Forfeiture and Punishment , Christopher Heath Wellman argues that his preferred ‘strong’ version of rights forfeiture theory makes the moral rights of due process and a fair… Click to show full abstract
In his Rights Forfeiture and Punishment , Christopher Heath Wellman argues that his preferred ‘strong’ version of rights forfeiture theory makes the moral rights of due process and a fair trial null and void for guilty offenders. They may still possess legal rights to due process, but these are not strong pre-institutional moral rights. I explain here why I disagree with Wellman. I also suggest that he is not entitled, by his own lights, to affirm strong forfeiture theory, at least in our social world.
Keywords:
philosophy;
fair trial;
forfeiture right;
right fair;
forfeiture
Journal Title: Criminal Law and Philosophy
Year Published: 2019
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Journal Title: Criminal Law and Philosophy
Year Published: 2019
Link to full text (if available)
Share on Social Media: Sign Up to like & get
recommendations!