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Leo Zaibert [18]Leonardo Zaibert [1]
  1. Leo Zaibert (forthcoming). Of Normal Human Sympathies and Clear Consciences: Comments on Hyman Gross's Crime and Punishment: A Concise Moral Critique. Criminal Law and Philosophy:1-18.
    Contemporary criminal justice systems are extraordinarily unfair. Focusing on Hyman Gross’s Crimes and Punishment: A Concise Moral Critique, however, I identify ways in which scholarly criticisms of these criminal justice systems tend to miss their target. In particular, I argue against the assumption that in order to criticize these criminal justice systems we need to cast doubt on the very practice of blaming people and on the notion of desert, or that we need to reject wholesale retributive rationales for punishment. (...)
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  2. Leo Zaibert (forthcoming). On the Matter of Suffering: Derek Parfit and the Possibility of Deserved Punishment. Criminal Law and Philosophy:1-18.
    Derek Parfit has recently defended the view that no one can ever deserve to suffer. Were this view correct, its implications for the thorny problem of the justification of punishment would be extraordinary: age-old debates between consequentialists and retributivists would simply vanish, as punishment would only—and simply—be justifiable along Benthamite utilitarian lines. I here suggest that Parfit’s view is linked to uncharacteristically weak arguments, and that it ought to be rejected.
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  3. Leo Zaibert (2013). The Instruments of Abolition, or Why Retributivism is the Only Real Justification of Punishment. Law and Philosophy 32 (1):33-58.
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  4. Leo Zaibert (2012). Beyond Bad: Punishment Theory Meets the Problem of Evil1. Midwest Studies in Philosophy 36 (1):93-111.
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  5. Leo Zaibert (2012). On Forgiveness and the Deliberate Refusal to Punish: Reiterating the Differences. Journal of Moral Philosophy 9 (1):103-113.
    In a recent article in this journal Brandon Warmke argues against my account of forgiveness. I here offer answers to his objections, and suggest ways in which I think he has misinterpreted my views. This exchange with Warmke also gives me the opportunity to insist on my general thesis that it is advisable to study punishment and forgiveness together. It is precisely the conceptual proximity of these two phenomena which make my account of forgiveness uncommon, and which make it more (...)
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  6. Leo Zaibert (2012). Before Forgiveness: The Origins of a Moral Idea (Review). Journal of the History of Philosophy 50 (3):447-448.
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  7. Leo Zaibert (2010). Punishment, Restitution, and the Marvelous Method of Directing the Intention. Criminal Justice Ethics 29 (1):41-53.
  8. Leo Zaibert (2009). Forgiveness. The Monist 92 (4):481-487.
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  9. Leo Zaibert (2009). The Paradox of Forgiveness. Journal of Moral Philosophy 6 (3):365-393.
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  10. Leo Zaibert & Barry Smith (2007). The Varieties of Normativity: An Essay on Social Ontology. In Savas L. Tsohatzidis (ed.), Intentional Acts and Institutional Facts: Essays on John Searle’s Social Ontology. Springer.
    For much of the first fifty years of its existence, analytic philosophy shunned discussions of normativity and ethics. Ethical statements were considered as pseudo-propositions, or as expressions of pro- or con-attitudes of minor theoretical significance. Nowadays, in contrast, prominent analytic philosophers pay close attention to normative problems. Here we focus our attention on the work of Searle, at the same time drawing out an important connection between Searle’s work and that of two other seminal figures in this development: H.L.A. Hart (...)
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  11. Leo Zaibert (2006). Punishment and Revenge. Law and Philosophy 25 (1):81-118.
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  12. Leo Zaibert (2006). The Fitting, the Deserving, and the Beautiful. Journal of Moral Philosophy 3 (3):331-350.
    Punishment is punishment even if it is not (perceived by the punisher to be) deserved. But punishment which is not (perceived by the punisher to be) fitting is not punishment. This paper explores the differences between desert and fittingness, and argues that incorporating fittingness into thedefinition of punishment is not problematic, whereas incorporating desert in such definition is, in contrast, infamously problematic. The main difference between these two notions turns on the interesting differences between two types of normativity. Fittingness is (...)
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  13. Leo Zaibert (2003). Intentions, Promises, and Obligations. In Barry Smith (ed.), John Searle. Cambridge: Cambridge University Press. 53--84.
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  14. Leo Zaibert (2002). Review of “Hannah Arendt in Jerusalem”. [REVIEW] Essays in Philosophy 3 (2):8.
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  15. John R. Searle, Barry Smith, Leo Zaibert & Josef Moural (2001). Rationality in Action: A Symposium. Philosophical Explorations 4 (2):66 – 94.
    John Searle's forthcoming book 'Rationality in Action' presents a sophisticated and innovative account of the rationality of action. In the book Searle argues against what he calls the classical model of rationality. In the debate that follows Barry Smith challenges some implications of Searle's account. In particular, Smith suggests that Searle's distinction between observer-relative and observer-independent facts of the world is ill suited to accommodate moral concepts. Leo Zaibert takes on Searle's notion of the gap. The gap exists between the (...)
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  16. Barry Smith & Leo Zaibert (2001). The Metaphysics of Real Estate. Topoi 20 (2):161-172.
    The thesis that an analysis of property rights is essential to an adequate analysis of the state is a mainstay of political philosophy. The contours of the type of government a society has are shaped by the system regulating the property rights prevailing in that society. Views of this sort are widespread. They range from Locke to Nozick and encompass pretty much everything else in between. Defenders of this sort of view accord to property rights supreme importance. A state that (...)
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  17. Leo Zaibert & Barry Smith, Legal Ontology and the Problem of Normativity. The Analytic-Continental Divide, Conference, University of Tel Aviv.
    Applied ontology is the attempt to put to use the rigorous tools of philosophical ontology in the development of category systems which can be of use in the formalization and systematization of knowledge of a given domain. In what follows we shall sketch some elements of the ontology of legal and socio-political institutions, paying attention especially to the normativity involved in such institutions. We shall see that there is more than one type of normativity, but that this fact that has (...)
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  18. Barry Smith & Leo Zaibert (1996). Prolegomena to a Metaphysics of Real Estate. In Roberto Casati (ed.), Shadows and Socio-Economic Units. Foundations of Formal Geography. Technical University of Vienna. 151--155.
    As an object in which property rights can be invested, land is a peculiar hybrid structure that comprehends both spatial and non-spatial aspects. Even in its purely spatial aspect land is treated differently from culture to culture, thus for example in the degree to which property rights in land are held to relate to vague or precisely delineated parcels and to portions of space above and below the surface of the earth. When we examine the non-spatial aspects of landed property, (...)
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  19. Leonardo Zaibert (1995). Teleología del proceso: la teoría ética de John Dewey. Revista Venezolana de Filosofía 31:143.
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