The Consent Solution to Punishment and the Explicit Denial Objection

Miroslav Imbrisevic

Abstract


Recently, David Boonin has put forward several objections to Carlos S. Nino's 'Consensual Theory of Punishment'. In this paper I will defend Nino against the 'explicit denial objection'. I will discuss whether Boonin's interpretation of Nino as a tacit consent theorist is right. I will argue that the offender's consent is neither tacit nor express, but a special category of implicit consent. Further, for Nino the legal-normative consequences of an act (of crime) are 'irrevocable', i.e. one cannot (expressly and successfully) deny liability to them. I will suggest an explanation for Nino's irrevocability claim.


Keywords


Carlos S. Nino; consensual theory of punishment; explicit denial objection; tacit consent; irrevocability

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DOI: http://dx.doi.org/10.1387/theoria.636