Duff RA & Marshall SE (2016) Civic Punishment. In: Dzur A, Loader I & Sparks R (eds.) Democratic Theory and Mass Incarceration. Studies in Penal Theory and Philosophy. Oxford: Oxford University Press, pp. 33-59. https://global.oup.com/academic/product/democratic-theory-and-mass-incarceration-9780190243098?cc=gb&lang=en&
This chapter argues that in a democratic republic of free and
equal citizens, criminal punishment can be adequately justified
only if it can be portrayed as a civic duty that offenders ought
to undertake. The authors sketch the key features of such a
democratic republic, and of the kind of criminal law to which
its members can properly subject themselves and each other.
A crucial aspect of such a criminal law is that citizens have
active roles to play in its enterprise, including the roles of
offender and convicted offender, who should be seen as
citizens who have, through their offending, acquired
distinctive new civic responsibilities to their fellow citizens.
This is an idealized conception of what criminal law ought to
be, but it is an important ideal, since it shows how criminal
law could treat offenders with the respect that should still be
due to them as citizens.
punishment; criminal law; democratic republic; citizenship; civic role