Law and Punishment: Authority, Respect, and Compliance

This article challenges the traditional view that the effectiveness of law is solely dependent on the deterrent power of punishment. It explores why people comply with the law even without the threat of punishment, arguing that respect for the law's authority and moral legitimacy are more significant factors. The essay discusses the authority of law rooted in moral norms and social contract theory, and questions the necessity and morality of punishment. It suggests alternatives to punishment, such as restorative justice and preventive measures, which can achieve similar ends without intentional harm. The conclusion emphasizes that law should be observed due to mutual respect and commitment, which are the foundations of society.

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Publication Details

Journal
Journal of economics and law.
Published
2024-12-01
DOI
https://doi.org/10.62517/jel.202414620
Primary Topic
Torture, Ethics, and Law
Type
article
Field-Weighted Citation Impact
0.00
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article

Law and Punishment: Authority, Respect, and Compliance

Haijun Wang
1 links
Journal of economics and law.
Torture, Ethics, and Law
article

Law and Punishment: Authority, Respect, and Compliance

Haijun Wang
article en

Abstract

This article challenges the traditional view that the effectiveness of law is solely dependent on the deterrent power of punishment. It explores why people comply with the law even without the threat of punishment, arguing that respect for the law's authority and moral legitimacy are more significant factors. The essay discusses the authority of law rooted in moral norms and social contract theory, and questions the necessity and morality of punishment. It suggests alternatives to punishment, such as restorative justice and preventive measures, which can achieve similar ends without intentional harm. The conclusion emphasizes that law should be observed due to mutual respect and commitment, which are the foundations of society.

Journal of economics and law.Vol. 1(6)
Beijing International Studies University (CN)
Openalex Percentile: Top 53%
Torture, Ethics, and Law
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