David Bourget (Western Ontario)
David Chalmers (ANU, NYU)
Rafael De Clercq
Jack Alan Reynolds
Learn more about PhilPapers
Res Publica 16 (2):153-167 (2010)
In this article I pursue two aims. First I advance an internal critique of hard-core retribution as it is usually advanced by victims of human rights violations. The focus of this penal approach on submitting all the military personnel guilty of human rights violations to harsh punishments risks jeopardizing the (clearly retributive) demand of punishing all those involved in the abuses. Particularly when extensive time has elapsed after the misdeeds, the most rational policy seems to be a negotiation model that offers gross human rights abusers punishment reductions in exchange for valuable information about the facts. Defending such a penal negotiation model constitutes the second aim of this article. I conclude that in order to satisfy the (hard-core) retributive demand of punishing all those (both military and civilian) guilty of human rights abuses, it is required not to submit all military personal indicted to retributive punishments.
|Keywords||Classical retribution Human rights abuses Time passage Trading truth for justice|
|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
Edmund Pincoffs (1970). The Rationale of Legal Punishment. Philosophical Review 79 (1):142-145.
H. B. Acton & Ted Honderich (1970). The Philosophy of Punishment. Philosophy 45 (174):341-341.
Citations of this work BETA
No citations found.
Similar books and articles
Krishna Chaitanya Vadlamannati, Socioeconomic, Institutional & Political Determinants of Human Rights Abuses: A Subnational Study of India, 1993-2002.
Ned Dobos (2011). Consistency in the Armed Enforcement of Human Rights: A Moral Necessity? Journal of Moral Philosophy 8 (1):92-109.
Mathias Risse (2012). On Global Justice. Princeton University Press.
Igboin Benson (2011). Human Rights in the Perspective of Traditional Africa: A Cosmotheandric Approach. Sophia 50 (1):159-173.
Alan H. Goldman (1982). Toward a New Theory of Punishment. Law and Philosophy 1 (1):57 - 76.
Ana Cecilia Vergara & Jorge Vergara Estévez (1994). Justice, Impunity and the Transition to Democracy: A Challenge for Human Rights Education. Journal of Moral Education 23 (3):273-284.
Garrett Albert Duncan (2000). Race and Human Rights Violations in the United States: Considerations for Human Rights and Moral Educators. Journal of Moral Education 29 (2):183-201.
Added to index2010-05-07
Total downloads24 ( #124,740 of 1,726,249 )
Recent downloads (6 months)8 ( #84,767 of 1,726,249 )
How can I increase my downloads?