Punishability and the Restriction of Interests

This short article develops two themes which run throughout Rob Canton's recent monograph Why Punish? - the concept of 'punishability' and that punishment, however justified, constitutes an interference with an individual's interests.It is argued that there are fundamental questions of agency which relate to the definition of punishment (is it punishment if an offender does not perceive the outcome as a hardship?), to potential justifications of punishment (different perceptions of punishment may impact upon their effectiveness), to perceptions of legitimacy (if the offender believes her interests are being ignored or marginalised) and to how criminal justice professionals perceive their role.