List journal issues    
Home List journal issues Table of contents Subscribe to PAQ


Volume 24 • Number 4

October 2010



The Forfeiture Theory of Punishment: Surviving Boonin’s Objections

by Stephen Kershnar

In this paper, I set out a version of the Forfeiture Theory of Punishment.

(1) Forfeiture Theory: Legal punishment is just or permissible because offenders forfeit their rights.

On this account, offenders forfeit their rights because they infringed on someone’s rights. My strategy is to provide a version of the Forfeiture Theory and then to argue that it survives a number of initially intuitive seeming objections, most having their origins in the recent work of David Boonin.

A. Victim-Specific Forfeiture Theory

Part #1: Individuals Have a Right to Punish On my theory, individuals have a pre-institutional right to punish. To see this, consider the following.

view PDF



Home | Issue Index
© 2010 by the Board of Trustees of the University of Illinois
Content in Public Affairs Quarterly is intended for personal, noncommercial use only. You may not reproduce, publish, distribute, transmit, participate in the transfer or sale of, modify, create derivative works from, display, or in any way exploit the Public Affairs Quarterly database in whole or in part without the written permission of the copyright holder.

ISSN: 2152-0542