David Bourget (Western Ontario)
David Chalmers (ANU, NYU)
Rafael De Clercq
Jack Alan Reynolds
Learn more about PhilPapers
Criminal Law and Philosophy:1-20 (forthcoming)
Some philosophers believe that punishing convicted criminals in order to deter other, potential criminals would be morally questionable even if we had good evidence that doing so would achieve its goal, at least to a substantial degree. And they believe this because they believe that doing so would be an instance of “using” convicted criminals in a morally objectionable way. Tadros aims to show that we would indeed be “using” convicted criminals in such cases but that, while “using” others is ordinarily morally wrong, there are cases in which it is in fact morally permissible (or even morally required). Moreover, he claims that punishing convicted criminals in order to deter other, potential criminals is an instance of “using” others that is sometimes clearly morally justifiable. My aim is to show how extraordinarily interesting some of Tadros’ arguments are but also why, in my view, they fail to establish the view he claims they support. I also suggest some ways in which Tadros might revise his arguments to support his central claim(s) more effectively
|Keywords||Self-defense Self-defense and punishment General deterrence|
|Categories||categorize this paper)|
Setup an account with your affiliations in order to access resources via your University's proxy server
Configure custom proxy (use this if your affiliation does not provide a proxy)
|Through your library|
References found in this work BETA
Daniel M. Farrell (1995). Deterrence and the Just Distribution of Harm. Social Philosophy and Policy 12 (2):220-240.
Daniel M. Farrell (1989). On Threats and Punishments. Social Theory and Practice 15 (2):125-154.
Daniel M. Farrell (1990). The Justification of Deterrent Violence. Ethics 100 (2):301-317.
Thomas Scanlon (1998). What We Owe to Each Other. Belknap Press of Harvard University Press.
Victor Tadros (2011). The Ends of Harm: The Moral Foundations of Criminal Law. Oxford University Press.
Citations of this work BETA
No citations found.
Similar books and articles
Kasper Lippert-Rasmussen (forthcoming). 'To Serve and Protect': The Ends of Harm by Victor Tadros. [REVIEW] Criminal Law and Philosophy:1-23.
François Tanguay-Renaud (2013). Victor's Justice: The Next Best Moral Theory of Criminal Punishment? [REVIEW] Law and Philosophy 32 (1):129-157.
Adil Ahmad Haque (2013). Retributivism: The Right and the Good. [REVIEW] Law and Philosophy 32 (1):59-82.
Suzanne Uniacke (forthcoming). Punishment as Penalty. Criminal Law and Philosophy:1-11.
Nathan Hanna (2014). Facing the Consequences. Criminal Law and Philosophy 8 (3):589-604.
Christopher Bennett (2004). Punishment. Philosophical Books 45 (4):324-334.
Robert McKim (1985). An Examination of a Moral Argument Against Nuclear Deterrence. Journal of Religious Ethics 13 (2):279 - 297.
Douglas Husak (2013). Retributivism In Extremis. Law and Philosophy 32 (1):3-31.
Leo Zaibert (2013). The Instruments of Abolition, or Why Retributivism is the Only Real Justification of Punishment. Law and Philosophy 32 (1):33-58.
Gertrude Ezorsky (1978). Ii. On Retributivism and Deterrence. Inquiry 21 (1-4):103 – 104.
Whitley R. P. Kaufman (2004). Terrorism, Self-Defense, and the Killing of the Innocent. Social Philosophy Today 20:41-52.
Steve Viner (2010). Self-Defense, Punishing Unjust Combatants and Justice in War. Criminal Law and Philosophy 4 (3):297-319.
Daniel M. Farrell (2013). What Should We Say We Say About Contrived 'Self-Defense' Defenses? Criminal Law and Philosophy 7 (3):571-585.
Added to index2012-12-09
Total downloads10 ( #148,771 of 1,103,045 )
Recent downloads (6 months)8 ( #29,715 of 1,103,045 )
How can I increase my downloads?