David Bourget (Western Ontario)
David Chalmers (ANU, NYU)
Rafael De Clercq
Jack Alan Reynolds
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Criminal Law and Philosophy 1 (3):307-326 (2007)
Commentators have contested the role of resulting harm in criminal law since the time of Plato. Unfortunately, they have neglected what may be not only the best discussion of the issue, but also the first - namely, Plato's one-paragraph discussion in the "Laws." Plato's discussion succeeds in reconciling two, seemingly irreconcilable viewpoints that till now have been in stalemate. Thus, Plato reconciles the view, that an offender's desert is solely a function of his subjective willingness to act in disregard of the legitimate interests of others, with the view that criminal sentences can appropriately be made to depend upon how indignant, angry, and upset society is at an offender based upon the results of his culpable conduct. In doing so, Plato casts light on retributive theories of punishment by suggesting that an adjudicator can be committed to retribution and yet rightly believe that it is inappropriate to give an offender the full punishment he deserves. He also lays a basis for the view that causation, rather being predicates for the just punishment of offenders toward whom the public is intuitively angry for harm, is the consequence of the public's being intuitively angry at offenders for harm.
|Keywords||Harm Desert Punishment Plato Causation|
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References found in this work BETA
Bernard Arthur Owen Williams (1981). Moral Luck: Philosophical Papers, 1973-1980. Cambridge University Press.
Michael S. Moore (1997/2010). Placing Blame: A Theory of the Criminal Law. Oxford University Press.
Jeremy Bentham (1780/2007). An Introduction to the Principles of Morals and Legislation. Dover Publications.
Michael Davis (1986). Why Attempts Deserve Less Punishment Than Complete Crimes. Law and Philosophy 5 (1):1 - 32.
Trevor J. Saunders & M. M. MacKenzie (1983). Plato on Punishment. Journal of Hellenic Studies 103 (221):173.
Citations of this work BETA
Peter Westen (2013). The Significance of Transferred Intent. Criminal Law and Philosophy 7 (2):321-350.
Douglas Husak (2013). The Philosophy of Criminal Law: Extending the Debates. [REVIEW] Criminal Law and Philosophy 7 (2):351-365.
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