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  1. David Alm (2013). Self-Defense, Punishment and Forfeiture. Criminal Justice Ethics 32 (2):91-107.
    According to the self-defense view, the moral justification of punishment is derived from the moral justification of an earlier threat of punishment for an offense. According to the forfeiture view, criminals can justly be punished because they have forfeited certain rights in virtue of their crimes. The paper defends three theses about these two views. (1) The self-defense view is false because the right to threaten retaliation is not independent of the right to carry out that threat. (2) A more (...)
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  2. Jami L. Anderson (1999). A Hegelian Theory of Punishment. Legal Theory 5 (4):363-388.
    Despite the bad press that retributivism often receives, the basic assumptions on which this theory of punishment rests are generally regarded as being attractive and compelling. First of these is the assumption that persons are morally responsible agents and that social practices, such as criminal punishment, must acknowledge that fact. Additionally, retributivism is committed to the claim that punishment must be proportionate to the crime, and not determined by such utilitarian concerns as the welfare of society, or the hope of (...)
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  3. Jami L. Anderson (1998). Understanding Punishment as Annulment. Social Philosophy Today 13:215-226.
    Hegel claims that punishment is justified because it annuls crimes thereby revealing the criminal act for what it is, a will “null and void.” In this paper I analyze the complex notion of annulment, arguing that Hegel is claiming that punishment does not change the past, but alters the status of the criminal will so as to reveal that will for what it is, a violation of a victim’s rights. In short, punishment invalidates the criminal's will and validates the victim's (...)
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  4. Mirko Bagaric (2000). Double Punishment and Punishing Character: The Unfairness of Prior Convictions. Criminal Justice Ethics 19 (1):10-28.
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  5. Shima Baradaran (2014). The Presumption of Punishment. Criminal Law and Philosophy 8 (2):391-406.
    The presumption of innocence undergirds the American criminal justice system. It is so fundamental that it is derived from the concepts of due process and the importance of a fair trial. An informed, historical understanding of the interaction between the presumption of innocence and key tenets of due process can help clarify the meaning and application of the presumption of innocence in the modern day. Due process, as developed throughout English and US. Colonial history leading up to the formation of (...)
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  6. Corey Brettschneider (2007). The Rights of the Guilty. Political Theory 35 (2):175-199.
    In this essay I develop and defend a theory of state punishment within a wider conception of political legitimacy. While many moral theories of punishment focus on what is deserved by criminals, I theorize punishment within the specific context of the state’s relationship to its citizens. Central to my account is Rawls’s “liberal principle of legitimacy,” which requires that all state coercion be justifiable to all citizens. I extend this idea to the justification of political coercion to criminals qua citizens. (...)
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  7. Corey Brettschneider (2007). The Rights of the Guilty: Punishment and Political Legitimacy. Political Theory 35 (2):175-199.
    In this essay I develop and defend a theory of state punishment within a wider conception of political legitimacy. While many moral theories of punishment focus on what is deserved by criminals, I theorize punishment within the specific context of the state's relationship to its citizens. Central to my account is Rawls's “liberal principle of legitimacy,” which requires that all state coercion be justifiable to all citizens. I extend this idea to the justification of political coercion to criminals qua citizens. (...)
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  8. Thom Brooks (2013/2009). Hegel's Political Philosophy: A Systematic Reading of the Philosophy of Right. Edinburgh University Press.
    A new edition of the first systematic reading of Hegel's political philosophy Elements of the Philosophy of Right is widely acknowledged to be one of the most important works in the history of political philosophy. This is the first book on the subject to take Hegel's system of speculative philosophy seriously as an important component of any robust understanding of this text. Key Features •Sets out the difference between 'systematic' and 'non-systematic' readings of Philosophy of Right •Outlines the unique structure (...)
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  9. Thom Brooks (2012). Punishment. Routledge.
    Punishment is a topic of increasing importance for citizens and policy makers. Why should we punish criminals? Which theory of punishment is most compelling? Is the death penalty ever justified? These questions and many others are addressed in this highly engaging guide. Punishment is a critical introduction to the philosophy of punishment offering a new and refreshing approach that will benefit readers of all backgrounds and interests. This is the first critical guide to examine all leading contemporary theories of punishment, (...)
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  10. Thom Brooks (2012). Punishment and Moral Sentiments. Review of Metaphysics 66 (2):281-293.
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  11. Thom Brooks (2010). Punishment. Oxford Bibliographies Online.
    The punishment of criminals is a topic of long-standing philosophical interest since the ancient Greeks. This interest has focused on several considerations, including the justification of punishment, who should be permitted to punish, and how we might best set punishments for crimes. This entry focuses on the most important contributions in this field. The focus will be on specific theoretical approaches to punishment including both traditional theories of punishment (retributivism, deterrence, rehabilitation) and more contemporary alternatives (expressivism, restorative justice, hybrid theories, (...)
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  12. Thom Brooks (2008). Shame on You, Shame on Me? Nussbaum on Shame Punishment. Journal of Applied Philosophy 25 (4):322-334.
    abstract Shame punishments have become an increasingly popular alternative to traditional punishments, often taking the form of convicted criminals holding signs or sweeping streets with a toothbrush. In her Hiding from Humanity, Martha Nussbaum argues against the use of shame punishments because they contribute to an offender's loss of dignity. However, these concerns are shared already by the courts which also have concerns about the possibility that shaming might damage an offender's dignity. This situation has not led the courts to (...)
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  13. Thom Brooks (2005). Kantian Punishment and Retributivism: A Reply to Clark. Ratio 18 (2):237–245.
    In this journal, Michael Clark defends a "A Non-Retributive Kantian Approach to Punishment". I argue that both Kant's and Rawls's theories of punishment are retributivist to some extent. It may then be slightly misleading to say that by following the views of Kant and Rawls, in particular, as Clark does, we can develop a nonretributivist theory of punishment. This matter is further complicated by the fact Clark nowhere addresses Rawls's views on punishment: Rawls endorses a mixed theory combining retributive and (...)
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  14. Thom Brooks (2004). Retributivist Arguments Against Capital Punishment. Journal of Social Philosophy 35 (2):188–197.
    This article argues that even if we grant that murderers may deserve death in principle, retributivists should still oppose capital punishment. The reason? Our inability to know with certainty whether or not individuals possess the necessary level of desert. In large part due to advances in science, we can only be sure that no matter how well the trial is administered or how many appeals are allowed or how many years we let elapse, we will continue to execute innocent persons (...)
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  15. Thom Brooks (2003). Kant's Theory of Punishment. Utilitas 15 (02):206-.
    The most widespread interpretation amongst contemporary theorists of Kant's theory of punishment is that it is retributivist. On the contrary, I will argue there are very different senses in which Kant discusses punishment. He endorses retribution for moral law transgressions and consequentialist considerations for positive law violations. When these standpoints are taken into consideration, Kant's theory of punishment is more coherent and unified than previously thought. This reading uncovers a new problem in Kant's theory of punishment. By assuming a potential (...)
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  16. William Bülow (2014). The Harms Beyond Imprisonment: Do We Have Special Moral Obligations Towards the Families and Children of Prisoners? Ethical Theory and Moral Practice 17 (4):775-789.
    This paper discusses whether the collateral harm of imprisonment to the close family members and children of prison inmates may give rise to special moral obligations towards them. Several collateral harms, including decreased psychological wellbeing, financial costs, loss of economic opportunities, and intrusion and control over their private lives, are identified. Two competing perspectives in moral philosophy are then applied in order to assess whether the harms are permissible. The first is consequentialist and the second is deontological. It is argued (...)
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  17. Peter Chau (2012). Duff on the Legitimacy of Punishment of Socially Deprived Offenders. Criminal Law and Philosophy 6 (2):247-254.
    Duff offered an argument for the conclusion that just or legitimate punishment of socially deprived offenders in our unjust society is impossible. One of the claims in his argument is that our courts have the standing to blame an offender only if our polity has the right to do so since our courts are acting as the representatives of, or to use the exact phrases by Duff, “in the name of”, or “on behalf of”, the whole polity. In this paper (...)
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  18. Yvonne Chiu (2011). Liberal Lustration. Journal of Political Philosophy 19 (4):440-464.
    After a regime-changing war, a state often engages in lustration—condemnation and punishment of dangerous, corrupt, or culpable remnants of the previous system—e.g., de-Nazification or the more recent de-Ba’athification in Iraq. This common practice poses an important moral dilemma for liberals because even thoughtful and nuanced lustration involves condemning groups of people, instead of treating each case individually. It also raises important questions about collective agency, group treatment, and rectifying historical injustices. Liberals often oppose lustration because it denies moral individualism and (...)
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  19. Michael Cholbi (2005). Cruelty, Competency, and Contemporary Abolitionism. In A. Sarat (ed.), Studies in Law, Politics, and Society. 123-140.
    After establishing that the requirement that those criminals who stand for execution be mentally competent can be given a recognizably retributivist rationale, I suggest that not only it is difficult to show that executing the incompetent is more cruel than executing the competent, but that opposing the execution of the incompetent fits ill with the recent abolitionist efforts on procedural concerns. I then propose two avenues by which abolitionists could incorporate such opposition into their efforts.
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  20. Christopher Ciocchetti (2009). Emotions, Retribution, and Punishment. Journal of Applied Philosophy 26 (2):160-173.
    I examine emotional reactions to wrongdoing to determine whether they offer support for retributivism. It is often thought that victims desire to see their victimizer suffer and that this reaction offers support for retributivism. After rejecting several attempts to use different theories of emotion and different approaches to using emotions to justify retributivism, I find that, assuming a cognitive theory of emotion is correct, emotions can be used as heuristic guides much as suggested by Michael Moore. Applying this method to (...)
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  21. Christopher Ciocchetti (2004). Punishment, Reintegration, and Atypical Victims. Criminal Justice Ethics 23 (2):25-38.
    I argue that R.A. Duff’s and Sandra Marshall’s liberal-communitarian justification for punishment doesn’t account for a troubling kind of subordination that results from communicative punishment. Communicative punishment requires a specific interpretation of the nature of the wrong. I focus on victims with incorrect but plausible interpretations of the wrong they’ve suffered to illustrate how a victim’s view a community or other’s view. In the end, I suggest that conceptualizing wrongs as against individuals in relations, rather than as members of communities (...)
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  22. Dan Demetriou (2012). Justifying Punishment: The Educative Approach as Presumptive Favorite. Criminal Justice Ethics 31 (1):2-18.
    Abstract In The Problem of Punishment, David Boonin offers an analysis of punishment and an account of what he sees as ethically problematic about it. In this essay I make three points. First, pace Boonin's analysis, everyday examples of punishment show that it sometimes isn't harmful, but merely "discomforting." Second, intentionally discomforting offenders isn't uniquely problematic, given that we have cases of non-punitive intentional discomforture---and perhaps even harmful discomforture---that seem unobjectionable. Third, a notable fact about both non-harmful punishment and non-punitive (...)
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  23. Merrit P. Drucker (1986). How the Moral Education Theory of Punishment Can Be Used by Military Commanders. International Journal of Applied Philosophy 3 (2):61-68.
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  24. Paul A. Dynia (1985). Book Review/Reform and Punishment. [REVIEW] Criminal Justice Ethics 4 (1):85-88.
    Michael Tonry and Franklin E. Zimring, eds., Reform and Punishment: Essays on Criminal Sentencing Chicago, Ill.: The University of Chicago Press, 1983, viii + 210 pp.
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  25. A. Ellis (1996). Nicola Lacey, State Punishment: Political Principles and Community Values. Journal of Applied Philosophy 13:323-324.
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  26. Aleksandar Fatić (2010). Uloga Kazne U Savremenoj Poliarhičnoj Demokratiji. Institute for International Politics and Economics.
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  27. Ulrich J. Frey & Hannes Rusch (2012). An Evolutionary Perspective on the Long-Term Efficiency of Costly Punishment. Biology and Philosophy 27 (6):811-831.
    Many studies show that punishment, although able to stabilize cooperation at high levels, destroys gains which makes it less efficient than alternatives with no punishment. Standard public goods games (PGGs) in fact show exactly these patterns. However, both evolutionary theory and real world institutions give reason to expect institutions with punishment to be more efficient, particularly in the long run. Long-term cooperative partnerships with punishment threats for non-cooperation should outperform defection prone non-punishing ones. This article demonstrates that fieldwork data from (...)
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  28. Nada Gligorov (2014). Undermining Retributivism. APA Newsletter on Philosophy and Medicine 13 (2):7-12.
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  29. Lisa Guenther (2013). Solitary Confinement: Social Death and its Afterlives. Minnesota University Press.
    Prolonged solitary confinement has become a widespread and standard practice in U.S. prisons—even though it consistently drives healthy prisoners insane, makes the mentally ill sicker, and, according to the testimony of prisoners, threatens to reduce life to a living death. In this profoundly important and original book, Lisa Guenther examines the death-in-life experience of solitary confinement in America from the early nineteenth century to today’s supermax prisons. Documenting how solitary confinement undermines prisoners’ sense of identity and their ability to understand (...)
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  30. Ernest Van Den Haag (1985). Refuting Reiman and Nathanson. Philosophy and Public Affairs 14 (2):165 - 176.
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  31. Daniel Halliday (2011). Book Review: Jonathan Wolff, 'Ethics and Public Policy: A Philosophical Inquiry'. [REVIEW] Notre Dame Philosophical Reviews (2011.12.16).
  32. Nathan Hanna (2014). Facing the Consequences. Criminal Law and Philosophy 8 (3):589-604.
    According to deterrence justifications of legal punishment, legal punishment is justified at least in part because it deters offenses. These justifications rely on important empirical assumptions, e.g., that non-punitive enforcement can't deter or that it can't deter enough. I’ll challenge these assumptions and argue that extant deterrence justifications of legal punishment fail. In the process, I examine contemporary deterrence research and argue that it provides no support for these justifications.
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  33. Nathan Hanna (2014). Retributivism Revisited. Philosophical Studies 167 (2):473-484.
    I’ll raise a problem for Retributivism, the view that legal punishment is justified on the basis of desert. I’ll focus primarily on Mitchell Berman’s recent defense of the view. He gives one of the most sophisticated and careful statements of it. And his argument is representative, so the problem I’ll raise for it will apply to other versions of Retributivism. His insights about justification also help to make the problem particularly obvious. I’ll also show how the problem extends to non-retributive (...)
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  34. Nathan Hanna (2009). The Passions of Punishment. Pacific Philosophical Quarterly 90 (2):232-250.
    I criticize an increasingly popular set of arguments for the justifiability of punishment. Some philosophers try to justify punishment by appealing to what Peter Strawson calls the reactive attitudes – emotions like resentment, indignation, remorse and guilt. These arguments fail. The view that these emotions commit us to punishment rests on unsophisticated views of punishment and of these emotions and their associated behaviors. I offer more sophisticated accounts of punishment, of these emotions and of their associated behaviors that are consistent (...)
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  35. Nathan Hanna (2009). Liberalism and the General Justifiability of Punishment. Philosophical Studies 145 (3):325-349.
    I argue that contemporary liberal theory cannot give a general justification for the institution or practice of punishment, i.e., a justification that would hold across a broad range of reasonably realistic conditions. I examine the general justifications offered by three prominent contemporary liberal theorists and show how their justifications fail in light of the possibility of an alternative to punishment. I argue that, because of their common commitments regarding the nature of justification, these theorists have decisive reasons to reject punishment (...)
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  36. Nathan Hanna (2008). Say What? A Critique of Expressive Retributivism. Law and Philosophy 27 (2):123-150.
    Some philosophers think that the challenge of justifying punishment can be met by a theory that emphasizes the expressive character of punishment. A particular type of theories of this sort - call it Expressive Retributivism [ER] - combines retributivist and expressivist considerations. These theories are retributivist since they justify punishment as an intrinsically appropriate response to wrongdoing, as something wrongdoers deserve, but the expressivist element in these theories seeks to correct for the traditional obscurity of retributivism. Retributivists often rely on (...)
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  37. Thomas E. Hill (1998). Punishment, Conscience, and Moral Worth. Southern Journal of Philosophy 36 (S1):51-71.
  38. Jules Holroyd (2010). Punishment and Justice. Social Theory and Practice 36 (1):78-111.
    Should the state punish its disadvantaged citizens who have committed crimes? Duff has recently argued that where disadvantage persists the state loses its authority to hold individuals to account and to punish for criminal wrongdoings. I here scrutinize Duff’s argument for the claim that social justice is a precondition for the legitimacy of state punishment. I sharpen an objection to Duff’s argument: with his framework, we seem unable to block the implausible conclusion that where disadvantage persists the state lacks the (...)
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  39. Jules Holroyd (2010). The Retributive Emotions: Passions and Pains of Punishment. Philosophical Papers 39 (3):343-371.
    It is not usually morally permissible to desire the suffering of another person, or to act so as to satisfy this desire; that is, to act with the aim of bringing about suffering. If the retributive emotions, and the retributive responses of which they are a part, are morally permitted or even required, we will need to see what is distinctive about them. One line of argument in this paper is for the conclusion that a retributive desire for the suffering (...)
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  40. Zachary Hoskins (2014). ''Punishing States and the Spectre of Guilt by Association''. International Criminal Law Review 14 (4-5):901-919.
    Proponents of punishing states often claim that such punishment would not distribute to members of the state, and so it would not subject innocent citizens – those who did not participate in the crimes, or dissented, or even were among the victims – to guilt by association. This essay examines three features of state punishment that might be said not to distribute to citizens: it is burdensome, it is intentionally so, and it expresses social condemnation. Ultimately, I contend that when (...)
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  41. Zachary Hoskins (2014). Review: Recidivist Punishments: The Philosopher's View - Claudio Tamburrini and Jesper Ryberg (Eds.). [REVIEW] Journal of Moral Philosophy 11 (4):531-534.
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  42. Zachary Hoskins (2013). ''Punishment, Contempt, and the Prospect of Moral Reform''. Criminal Justice Ethics 32 (1):1-18.
    This paper objects to certain forms of punishments, such as supermax confinement, on grounds that they are inappropriately contemptuous. Building on discussions in Kant and elsewhere, I flesh out what I take to be salient features of contempt, features that make contempt especially troubling as a form of moral regard and treatment. As problematic as contempt may be in the interpersonal context, I contend that it is especially troubling when a person is treated contemptuously by her political community’s institutions -- (...)
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  43. Zachary Hoskins & Nora Wikoff (2013). ''Hard Times After Hard Time''. In Joanna Crosby David Bzdak & Seth Vannatta (eds.), The Wire and Philosophy. Open Court Books.
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  44. Heidi Hurd (2009). Paternalism On Pain of Punishment. Criminal Justice Ethics 28 (1):49-73.
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  45. Christine James (2012). Prisons for Profit in the United States: Retribution and Means Vs. Ends. Journal for Human Rights 6 (1):76-93.
    The recent trend toward privately owned and operated prisons calls attention to a variety of issues involving human rights. The growing number of corporatized correctional institutions is especially notable in the United States, but it is also a global phenomenon in many countries. The reasons cited for privatizing prisons are usually economic; the opportunity to outsource prison services enables local political leaders to save tax revenue, and local communities are promised a chance to create new jobs and bring in a (...)
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  46. L. Syd M. Johnson (2011). The Ethically Dubious Practice of Thwarting the Redemption of the Condemned. American Journal of Bioethics 11 (10):9 - 10.
    The American Journal of Bioethics, Volume 11, Issue 10, Page 9-10, October 2011.
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  47. Shawn Kaplan (2013). Punitive Warfare, Counterterrorism, and Jus Ad Bellum. In Fritz Allhoff, Nicholas G. Evans & Adam Henschke (eds.), The Routledge Handbook of War and Ethics: Just War Theory in the 21st Century. Routledge.
    In order to address whether states can ever have the proper authority to militarily punish other international agents, I examine three attempts to justify punitive warfare from Augustine, Grotius and Locke for their relevance to both our contemporary international legal and political order and our contemporary security threats from sporadic terrorist or militant violence. Once a plausible model for a state’s valid authority to punish international agents is found, I will consider what punitive aims it can support and what challenges (...)
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  48. Stephen Kershnar (2000). A Defense of Retributivism. International Journal of Applied Philosophy 14 (1):97-117.
    The moral theory justifying punishment will shape the debate over numerous controversial issues such as the moral permissibility of the death penalty, probation, parole, and plea bargaining, as well as issues about conditions in prison and access to educational opportunities in prison. In this essay I argue that the primary goal of the criminal justice system is to inflict suffering on, and only on, those who deserve it. If I am correct, the answer to issues involving the criminal justice system (...)
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  49. Johann A. Klaassen (1996). Punishment and the Purification of Moral Taint. Journal of Social Philosophy 27 (2):51-64.
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  50. John Kleinig (1992). Penalty Enhancement for Hate Crimes. Criminal Justice Ethics 11 (2):3-6.
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