This paper critically appraises the arguments that have been offered for what can be called ‘the expressive function of punishment’. According to this view, what distinguishes punishment from other kinds of non-punitive hard treatment is that punishment conveys a censorial/reprobative message about what the punished has done, and that this expressive function should therefore be accepted as part of the nature and definition of punishment. Against this view, this papers argues that the standard account of punishment, according to which punishment is a kind of hard treatment that is imposed on an alleged offender in response to her alleged wrongdoing, can already properly account for punishment and distinguish it from other kinds of hard treatment when it is properly clarified and understood. Thus there is no need to accept the expressive function of punishment in addition to the standard account when it comes to the nature and definition of punishment.

中文翻译：

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反对刑罚的表达功能：标准账户不够用吗？

本文批判性地评价了为所谓的“惩罚的表达功能”提供的论点。根据这种观点，惩罚与其他类型的非惩罚性严厉对待的区别在于，惩罚传达了关于被惩罚者所做行为的审查/谴责信息，因此这种表达功能应该被接受为性质和定义的一部分。惩罚。与此相反，本文认为，惩罚是对被指控的犯罪者针对其被指控的不当行为而施加的一种严厉对待的标准惩罚解释，已经可以正确解释惩罚并将其与其他类型的惩罚区分开来。当它得到适当澄清和理解时，就会对硬处理进行处理。