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Meanwhile, abolitionist theorists argue that we should always goal to exchange legal punishment quite than to justify it. Among the many vital developments in current work on punishment principle are the characterisation of punishment as a communicative enterprise, better recognition that punishment’s justification depends on the justification of the felony legislation extra typically, and growing interest within the normative challenges raised by punishment in the worldwide context.
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That is to say, what makes an precise system of punishment unjust(ified) might be not its own operations as such (what punishment is or achieves inside that system), but the absence of sure political, legal and moral 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 on the justification of the legal law extra generally, and certainly the legitimacy of the state itself (see s. 2 above).