David Bourget (Western Ontario)
David Chalmers (ANU, NYU)
Rafael De Clercq
Jack Alan Reynolds
Learn more about PhilPapers
International Journal of Applied Philosophy 22 (1):59-69 (2008)
In most countries, failed criminal attempts are punished less severely than those that succeed. Many philosophers, including myself, have argued that differential punishment can be justified. However, in a recent paper, Hanna raises objections to defenses of differential punishment, claiming that such policy goes against our “desert intuitions” and also cannot be justified on utilitarian grounds. I argue in this paper that Hanna’s desert-based and utilitarian objections can be undermined. Further, they are valid only within moral theories that take the agent to be an independent self, whose responsibility rests on his or her intentions and deliberations alone. However, differential punishment can be justified in a different kind of moral theory, in which there are good reasons to give luck a role to play
|Keywords||No keywords specified (fix it)|
|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
No references found.
Citations of this work BETA
No citations found.
Similar books and articles
A. T. Nuyen (2008). Moral Luck and the Punishment of Attempts. Proceedings of the Xxii World Congress of Philosophy 50:499-505.
Brian Rosebury (1995). Moral Responsibility and "Moral Luck". Philosophical Review 104 (4):499-524.
David Wood (2010). Punishment: Consequentialism. Philosophy Compass 5 (6):455-469.
Brian Rosebury (2011). Moore's Moral Facts and the Gap in the Retributive Theory. Criminal Law and Philosophy 5 (3):361-376.
J. L. A. Garcia (1989). Deserved Punishment. Law and Philosophy 8 (2):263 - 277.
Alan Wertheimer (1977). Punishing the Innocent — Unintentionally. Inquiry 20 (1-4):45 – 65.
Nathan Hanna (2014). Moral Luck Defended. Noûs 48 (4):683-698.
Neil Levy (2015). Zimmerman’s The Immorality of Punishment: A Critical Essay. [REVIEW] Criminal Law and Philosophy 9 (1):103-112.
Christopher Michaelson (2008). Moral Luck and Business Ethics. Journal of Business Ethics 83 (4):773 - 787.
Howard Simmons (2010). Moral Desert: A Critique. University Press of America.
Richard Stalley (2012). Adam Smith and the Theory of Punishment. Journal of Scottish Philosophy 10 (1):69-89.
J. Angelo Corlett (2001). Making Sense of Retributivism. Philosophy 76 (1):77-110.
Antony Duff (2003). Punishment, Communication and Community. In Derek Matravers & Jonathan E. Pike (eds.), Debates in Contemporary Political Philosophy: An Anthology. Routledge, in Association with the Open University
Peter Vallentyne (2003). Brute Luck Equality and Desert. In Sabrina Olsaretti (ed.), Desert and Justice. Clarendon Press
Ido Weijers (2000). Punishment and Upbringing: Considerations for an Educative Justification of Punishment. Journal of Moral Education 29 (1):61-73.
Added to index2011-01-09
Total downloads16 ( #154,465 of 1,699,684 )
Recent downloads (6 months)5 ( #128,702 of 1,699,684 )
How can I increase my downloads?