Shachar Eldar (Ono Academic College Faculty of Law) has posted Criminal Law, Parental Authority, and the State (Criminal Law & Philosophy (Forthcoming)) on SSRN. Here is the abstract:
In the recently published collection, Criminal Law and the Authority of the State, two contributions allude to an analogy with parental authority as a means to a better understanding of the institution of criminal punishment, but reach different conclusions. Malcolm Thorburn uses the parental analogy to justify the institution of state punishment as an assertion of robust authority over offenders. Antje du Bois-Pedain uses the same analogy to advocate the idea of punishment as an inclusionary practice, designed to reintegrate offenders into society. I argue that the theory of robust authority is inconsistent if not self-contradictory when it tries to assume a liberal posture, and that the reintegrative model provides a better account of the justification and objectives of state punishment.