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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. Matthew C. Altman (2011). German Idealism and the Concept of Punishment. British Journal for the History of Philosophy 18 (5):953-956.
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  3. 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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  4. 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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  5. Jami Lynn Anderson (1995). Annulling Crimes: A Hegelian Theory of Retribution. Dissertation, University of Southern California
    Retributivists claim that those who deliberately and freely commit crimes deserve punishment proportionate to their crime. But Marx famously claimed that many criminals commit crimes because of social circumstances like abject poverty and therefore their punishment is unjust. ;I begin by outlining the retributivistic theory dominant in contemporary philosophical and legal literature, retributivism founded on social contractarianism. Such a theory has two strategies available to it to meet the Marxist's challenge: either claim that poverty denies persons the opportunity to enjoy (...)
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  6. Lance Ashdown (1995). Absolute Safety. Philosophical Investigations 18 (2):162-172.
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  7. Mirko Bagaric (2000). Double Punishment and Punishing Character: The Unfairness of Prior Convictions. Criminal Justice Ethics 19 (1):10-28.
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  8. 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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  9. Richard Bourne (2014). Communication, Punishment, and Virtue. Journal of Religious Ethics 42 (1):78-107.
    This essay suggests that while Antony Duff's model of criminal punishment as secular penance is pregnant with possibilities for theological reception and reflection, it proceeds by way of a number of separations that are brought into question by the penitential traditions of Christianity. The first three of these—between justice and mercy, censure and invitation, and state and victim, constrain the true communicative character of his account of punishment. The second set of oppositions, between sacrament and virtue, interior character and external (...)
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  10. 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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  11. 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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  12. 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 (...)
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  13. 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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  14. Thom Brooks (2012). Punishment and Moral Sentiments. Review of Metaphysics 66 (2):281-293.
    What is the relationship between our moral sentiments and the justification of punishment? One position is that our moral sentiments provide for punishment’s justification. This article’s focus is on Adam Smith’s theory of punishment and the role that moral sentiments play in this theory. The author argues that commentators have been mistaken to view Smith’s position as essentially retributivist. Instead, Smith defends a unified theory where punishment serves retributivist, deterrent, and rehabilitative goals. The author then concludes with some critical remarks (...)
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  15. 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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  16. 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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  17. 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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  18. 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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  19. Thom Brooks (2003). Kant's Theory of Punishment. Utilitas 15 (2):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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  20. 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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  21. William Bülow (2014). Treating Inmates as Moral Agents: A Defense of the Right to Privacy in Prison. Criminal Justice Ethics 33 (1):1-20.
    This paper addresses the question of prison inmates' right to privacy from an ethical perspective. I argue that the right to privacy is important because of its connection to moral agency and that the protection of privacy is warranted by different established philosophical theories about the justification of legal punishment. I discuss the practical implications of this argument by addressing two potential problems. First, how much privacy (...)
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  22. Sarah Byers (2012). "The Psychology of Compassion: A Reading of City of God 9.5". In James Wetzel (ed.), Augustine's City of God (Cambridge Critical Guides). Cambridge University Press 130-148.
    Writing to the young emperor Nero, Seneca elaborates a sophisticated distinction between compassion and mercy for use in forensic contexts, agreeing with earlier Stoics that compassion is a vice, but adding that there is a virtue called mercy or 'clemency.' This Stoic repudiation of compassion has won the attention of Nussbaum, who argues that it was motivated by a respect for persons as dignified agents, and was of a piece with the Stoics' cosmopolitanism. This chapter engages Nussbaum's presentation of the (...)
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  23. Gregg D. Caruso (2016). Free Will Skepticism and Criminal Behavior: A Public Health-Quarantine Model. Southwest Philosophy Review 32 (1):25-48.
    One of the most frequently voiced criticisms of free will skepticism is that it is unable to adequately deal with criminal behavior and that the responses it would permit as justified are insufficient for acceptable social policy. This concern is fueled by two factors. The first is that one of the most prominent justifications for punishing criminals, retributivism, is incompatible with free will skepticism. The second concern is that alternative justifications that are not ruled out by the skeptical view per (...)
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  24. 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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  25. 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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  26. 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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  27. 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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  28. 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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  29. John Cottingham (1990). Lacey, Nicola, "State Punishment: Political Principles and Community Values". [REVIEW] Mind 99:142.
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  30. Wesley Cragg (1989). Nicola Lacey, State Punishment Reviewed By. Philosophy in Review 9 (11):443-448.
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  31. Wesley Cragg (1989). Nicola Lacey, State Punishment. [REVIEW] Philosophy in Review 9:443-448.
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  32. Benjamin L. Curtis (2015). There’s No Need to Rethink Desert: A Reply to Pummer. Philosophia 43 (4):999-1010.
    Pummer : 43–77, 2014) ingeniously wraps together issues from the personal identity literature with issues from the literature on desert. However, I wish to take issue with the main conclusion that he draws, namely, that we need to rethink the following principle: Desert.: When people culpably do very wrong or bad acts, they deserve punishment in the following sense: at least other things being equal they ought to be made worse off, simply in virtue of the fact that they culpably (...)
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  33. John Danaher (forthcoming). Robots, Law and the Retribution Gap. Ethics and Information Technology.
    We are living through an era of increased robotisation. Some authors have already begun to explore the impact of this robotisation on legal rules and practice. In doing so, many highlight potential liability gaps that might arise through robot misbehaviour. Although these gaps are interesting and socially significant, they do not exhaust the possible gaps that might be created by increased robotisation. In this article, I make the case for one of those alternative gaps: the retribution gap. This gap arises (...)
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  34. John Deigh (1982). Respect and the Right to Be Punished. Tulane Studies in Philosophy 31:169-182.
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  35. Dan Demetriou (2012). Justifying Punishment: The Educative Approach as Presumptive Favorite. Criminal Justice Ethics 31 (1):2-18.
    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 intentional (...)
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  36. Raphael Demos (1957). Some Reflections on Threats and Punishments. Review of Metaphysics 11 (2):224 - 236.
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  37. 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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  38. 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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  39. A. Ellis (1996). Nicola Lacey, State Punishment: Political Principles and Community Values. Journal of Applied Philosophy 13:323-324.
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  40. Aleksandar Fatić (2010). Uloga Kazne U Savremenoj Poliarhičnoj Demokratiji. Institute for International Politics and Economics.
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  41. Farah Focquaert, Andrea Glenn & Adrian Raine (2013). Free Will, Responsibility, and the Punishment of Criminals. In Thomas A. Nadelhoffer (ed.), The Future of Punishment. OUP Usa 247.
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  42. 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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  43. Dustin Garlitz (2014). Foucault, Michel. In Bruce A. Arrigo (ed.), Encyclopedia of Criminal Justice Ethics. Sage
  44. Nada Gligorov (2014). Undermining Retributivism. APA Newsletter on Philosophy and Medicine 13 (2):7-12.
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  45. 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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  46. Lisa Guenther, Geoffrey Adelsberg & Scott Zeman (eds.) (2015). Death and Other Penalties: Philosophy in a Time of Mass Incarceration. Fordham UP.
    Motivated by a conviction that mass incarceration and state execution are among the most important ethical and political problems of our time, the contributors to this volume come together from a diverse range of backgrounds to analyze, critique, and envision alternatives to the injustices of the U.S. prison system, with recourse to deconstruction, phenomenology, critical race theory, feminism, queer theory, and disability studies. They engage with the hyper-incarceration of people of color, the incomplete abolition of slavery, the exploitation of prisoners (...)
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  47. Ernest Van Den Haag (1985). Refuting Reiman and Nathanson. Philosophy and Public Affairs 14 (2):165 - 176.
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  48. Ignace Haaz (2009). Book Review: CAMPAGNA, Norbert: La souveraineté. De ses limites et de ses juges. [REVIEW] Freiburger Zeitschrift für Philosophie Und Theologie 56 (1):301.
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  49. Ignace Haaz (2009). L'invention des conventions de justice chez Hume et sa skepsis envers la rétribution. In Philippe Saltel (ed.), L'invention philosophique humienne. Vrin - Recherches Sur la Philosophie Et le Langage No 26 235-272.
    Promise keeping and the virtue of integrity are understandable only if the sense of justice and of injustice doesn't come from nature but results from education and of some of the most inventive human conventions. We comment this argument that we find in the Treatise of Nature, book III and present how it impacts the notion of retribution and punishment in general.
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  50. Daniel Halliday (2011). Book Review: Jonathan Wolff, 'Ethics and Public Policy: A Philosophical Inquiry'. [REVIEW] Notre Dame Philosophical Reviews (2011.12.16).
1 — 50 / 164