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Rejecting Retributivism: Free Will, Punishment, and Criminal Justice

New York, NY: Cambridge University Press (2021)

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  1. Experimental Legal Philosophy: General Jurisprudence.Raff Donelson - 2023 - In Alexander Max Bauer & Stephan Kornmesser (eds.), The Compact Compendium of Experimental Philosophy. Berlin and Boston: De Gruyter. pp. 309-326.
    This chapter offers an overview of experimental legal philosophy with a special focus on questions in general jurisprudence, that part of legal philosophy that asks about the concept and nature of law. Much of the experimental general jurisprudence work has tended to follow the questions that have interested general jurisprudence scholars for decades, that is, questions about the relation between legal norms and moral norms. Wholesale criticism of experimental general jurisprudence is scant, but, given existing debates about experimental philosophy generally, (...)
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  • Tragic Choices and the Virtue of Techno-Responsibility Gaps.John Danaher - 2022 - Philosophy and Technology 35 (2):1-26.
    There is a concern that the widespread deployment of autonomous machines will open up a number of ‘responsibility gaps’ throughout society. Various articulations of such techno-responsibility gaps have been proposed over the years, along with several potential solutions. Most of these solutions focus on ‘plugging’ or ‘dissolving’ the gaps. This paper offers an alternative perspective. It argues that techno-responsibility gaps are, sometimes, to be welcomed and that one of the advantages of autonomous machines is that they enable us to embrace (...)
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  • On the Compatibility of Rational Deliberation and Determinism: Why Deterministic Manipulation Is Not a Counterexample.Gregg D. Caruso - 2021 - Philosophical Quarterly 71 (3):524-543.
    This paper aims to defend deliberation-compatibilism against several objections, including a recent counterexample by Yishai Cohen that involves a deliberator who believes that whichever action she performs will be the result of deterministic manipulation. It begins by offering a Moorean-style proof of deliberation-compatibilism. It then turns to the leading argument for deliberation-incompatibilism, which is based on the presumed incompatibility of causal determinism and the ‘openness’ required for rational deliberation. The paper explains why this argument fails and develops a coherent account (...)
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  • Do free will skeptics swallow their own medicine?: Daniel C. Dennett and Gregg D. Caruso: Just deserts. Debating free will. Cambridge: Polity, 2021, 223 pp, $15.99 PB.Maarten Boudry - 2021 - Metascience 30 (3):365-369.
  • The Compact Compendium of Experimental Philosophy.Alexander Max Bauer & Stephan Kornmesser (eds.) - 2023 - Berlin and Boston: De Gruyter.
  • Free Will Skepticism and Criminals as Ends in Themselves.Benjamin Vilhauer - 2022 - In Matthew C. Altman (ed.), The Palgrave Handbook on the Philosophy of Punishment. Palgrave-Macmillan.
    This chapter offers non-retributive, broadly Kantian justifications of punishment and remorse which can be endorsed by free will skeptics. We lose our grip on some Kantian ideas if we become skeptical about free will, but we can preserve some important ones which can do valuable work for free will skeptics. The justification of punishment presented here has consequentialist features but is deontologically constrained by our duty to avoid using others as mere means. It draws on a modified Rawlsian original position (...)
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  • Retributivism, Free Will, and the Public Health-Quarantine Model.Gregg D. Caruso - 2022 - In Matthew C. Altman (ed.), The Palgrave Handbook on the Philosophy of Punishment. Palgrave-Macmillan.
    This chapter outlines six distinct reasons for rejecting retributivism, not the least of which is that it’s unclear that agents possess the kind of free will and moral responsibility needed to justify it. It then sketches a novel non-retributive alternative called the public health-quarantine model. The core idea of the model is that the right to harm in self-defense and defense of others justifies incapacitating the criminally dangerous with the minimum harm required for adequate protection. The model also draws on (...)
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  • Is punishment backward? On neurointerventions and forward‐looking moral responsibility.Przemysław Zawadzki - 2022 - Bioethics 37 (2):183-191.
    This article focuses on justified responses to “immoral” behavior and crimes committed by patients undergoing neuromodulation therapies. Such patients could be held morally responsible in the basic desert sense—the one that serves as a justification of severe practices such as backward‐looking moral outrage, condemnation, and legal punishment—as long as they possess certain compatibilist capabilities that have traditionally served as the quintessence of free will, that is, reasons‐responsiveness; attributability; answerability; the abilities to act in accordance with moral reasons, second‐order volitions, or (...)
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  • Rationality, Religious Belief, and Shaping Dispositions: Replies to Carruth, Gatley, Levy, Kotzee and Rocha.John Tillson - 2021 - Studies in Philosophy and Education 41 (1):135-149.
  • Should criminal law protect love relation with robots?Kamil Mamak - forthcoming - AI and Society:1-10.
    Whether or not we call a love-like relationship with robots true love, some people may feel and claim that, for them, it is a sufficient substitute for love relationship. The love relationship between humans has a special place in our social life. On the grounds of both morality and law, our significant other can expect special treatment. It is understandable that, precisely because of this kind of relationship, we save our significant other instead of others or will not testify against (...)
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  • Humans, Neanderthals, robots and rights.Kamil Mamak - 2022 - Ethics and Information Technology 24 (3):1-9.
    Robots are becoming more visible parts of our life, a situation which prompts questions about their place in our society. One group of issues that is widely discussed is connected with robots’ moral and legal status as well as their potential rights. The question of granting robots rights is polarizing. Some positions accept the possibility of granting them human rights whereas others reject the notion that robots can be considered potential rights holders. In this paper, I claim that robots will (...)
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  • Amnesty and False Beliefs.Juan Espindola - 2022 - Journal of Value Inquiry 56 (3):431-449.
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  • Free Will Denial, Punishment, and Original Position Deliberation.Benjamin Vilhauer - manuscript
    I defend a deontological social contract justification of punishment for free will deniers. Even if nobody has free will, a criminal justice system is fair to the people it targets if we would consent to it in a version of original position deliberation (OPD) where we assumed that we would be targeted by the justice system when the veil is raised. Even if we assumed we would be convicted of a crime, we would consent to the imprisonment of violent criminals (...)
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