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How Successful is Harts hybrid justification theory of punishment?

April 26, 2017essay essays Hart hybrid justification Law Legal Punishment successful Theory

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How Successful is Harts hybrid justification theory of punishment?

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Instructions to writer: Need a clear account of what Hart’s theory of punishment is, in which he gives it ‘Prolegomenon to the Theory of Punishment’ in his book Punishment and Responsibility. Need to think about how it as an account of punishment as a special kind of social institution relates to his legal positivist view of what law is. The justificatory element of his theory of punishment is consequentialist, basically a crime prevention, but arguably he wants more than just merely that rather he wants people ref HLA Hart and the justification of punishment by Wesley Cragg 5 canadian Journal of Law and Jurisprudence 43.