Abstract

FIKS, TOMÁS FERNANDEZ. Punishment and Community: Some Thoughts about the Gargarella-Duff Debate. Rev. Derecho Estado [online]. 2021, n.49, pp.241-264.  Epub Oct 07, 2021. ISSN 0122-9893.  https://doi.org/10.18601/01229893.n49.13.

In this paper, I will tackle some issues that have been raised in a recent debate between Roberto Gargarella and Antony Duff. Gargarella has criticized Duff for defending a theory which mixes elements of two incompatible politi cal views, liberalism and communitarianism. The problem about this line of criticism -I shall argue- is that Gargarella engages in the same kind of contradiction that he accuses Duff of making. After identifying the tension between two seemingly incompatible views in Gargarella's own work, I will offer a possible way to resolve such tension.

Keywords : Punishment; community; democracy; communitarianism; liberalism; criminalization.

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