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Making sense of retributivism

Philosophy 76 (1):77-110 (2001)

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  1. Kant's Theory of Punishment.Thom Brooks - 2003 - 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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  • Crossing the Fictional Line: Moral Graveness, the Gamer’s Dilemma, and the Paradox of Fictionally Going Too Far.Thomas Montefiore & Paul Formosa - 2023 - Philosophy and Technology 36 (3):1-21.
    The Gamer’s Dilemma refers to the philosophical challenge of justifying the intuitive difference people seem to see between the moral permissibility of enacting virtual murder and the moral impermissibility of enacting virtual child molestation in video games (Luck Ethics and Information Technology, 1:31, 2009). Recently, Luck in Philosophia, 50:1287–1308, 2022 has argued that the Gamer’s Dilemma is actually an instance of a more general “paradox”, which he calls the “paradox of treating wrongdoing lightly”, and he proposes a graveness resolution to (...)
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  • Amnesty and Mercy.Patrick Lenta - 2019 - Criminal Law and Philosophy 13 (4):621-641.
    I assess the justification for the granting of amnesty in the circumstances of ‘transitional justice’ advanced by certain of its supporters according to which this device is morally legitimate because it amounts to an act of mercy. I consider several prominent definitions of ‘mercy’ with a view to determining whether amnesty counts as mercy under each and what follows for its moral status. I argue that amnesty cannot count as mercy under any definition in accordance with which an act or (...)
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  • Hegel's Complete Views on Crime and Punishment.Andrew Komasinski - 2018 - Journal of the American Philosophical Association 4 (4):525-544.
    In this article, I argue that Hegel's complete and mature view of crime and punishment is more robust than many interpretations of the Unrecht passage in the ‘Abstract Right’ section of Hegel's Elements of the Philosophy of Right suggest. First, I explain the value of revisiting the interpretation of Hegel as a simple retributionist in the contemporary debate. Then, I look at Hegel's treatment of crime and punishment in the section on abstract right to show the role of punishment in (...)
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  • Pacifism and Punishment.J. Angelo Corlett - 2013 - Philosophia 41 (4):945-958.
    This article seeks to expose some of the implications of certain versions of pacifism for matters of criminal punishment, arguing that the plausibility of these versions of pacifism depend on the extent to which their implicit denials of certain central punishment-related concepts are themselves reasonable.
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  • A non-retributive Kantian approach to punishment.Michael Clark - 2004 - Ratio 17 (1):12–27.
    Traditionally Kant's theory of punishment has been seen as wholly retributive. Recent Kantian scholarship has interpreted the theory as more moderately retributive: punishment is deterrent in aim, and retributive only in so far as the amount and type of penalty is to be determined by retributive considerations (the ius talionis). But it is arguable that a more coherent Kantian theory of punishment can be developed which makes no appeal to retribution at all: hypothetical contractors would have no good reason to (...)
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  • Is Hegel a Retributivist?Thom Brooks - 2004 - Bulletin of the Hegel Society of Great Britain 25 (1-2):113-126.
    -/- Amongst contemporary theorists, the most widespread interpretation of Hegel's theory of punishment is that it is a retributivist theory of annulment, where punishments cancel the performance of crimes. The theory is retributivist insofar as the criminal punished must be demonstrated to be deserving of a punishment that is commensurable in value only to the nature of his crime, rather than to any consequentialist considerations. As Antony Duff says: -/- [retributivism] justifies punishment in terms not of its contingently beneficial effects (...)
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  • Corlett on Kant, Hegel, and retribution.Thom Brooks - 2001 - Philosophy 76 (4):561-580.
    The purpose of this essay is to critically appraise J. Angelo Corlett's recent interpretation of Kant's theory of punishment as well as his rejection of Hegel's penology. In taking Kant to be a retributivist at a primary level and a proponent of deterrence at a secondary level, I believe Corlett has inappropriately wed together Kant's distinction between moral and positive law. Moreover, his support of Kant on these grounds is misguided as it is instead Hegel who holds such a distinction. (...)
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