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That’s to say, what makes an actual system of punishment unjust(ified) is likely to be not its own operations as such (what punishment is or achieves within that system), however the absence of certain political, legal and ethical conditions on which the entire system depends for its legitimacy (see Duff 2001, ch. 5.2). Current scholarship on punishment has increasingly acknowledged that the justification of punishment depends upon the justification of the prison law more generally, and indeed the legitimacy of the state itself (see s. 2 above).
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