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It might be objected that on this account the legislation, in speaking to those who will not be persuaded by its ethical enchantment, continues to be abandoning the try at ethical communication in favour of the language of threats, and thus ceasing to address its citizens as responsible moral agents: to which it may be replied, first, that the regulation is addressing us, appropriately, as fallible ethical agents who know that we’d like the extra spur of prudential deterrence to influence us to behave as we must always; and second, that we can’t clearly separate the (merely) deterrent from the morally communicative dimensions of punishment â€” that the dissuasive efficacy of respectable punishment nonetheless relies upon crucially on the ethical meaning that the arduous treatment is known to convey.
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