Search results for 'Lethal Injection as capital punishment' (try it on Scholar)

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  1. Hon-Lam Li & Anthony Yeung (eds.) (2007). New Essays in Applied Ethics: Animal Rights, Personhood and the Ethics of Killing. Palgrave Macmillan.score: 921.0
    This collection of new essays aims to address some of the most perplexing issues arising from death and dying, as well as the moral status of persons and animals. Leading scholars, including Peter Singer and Gerald Dworkin, investigate diverse topics such as animal rights, vegetarianism, lethal injection, abortion and euthanasia.
     
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  2. Peter Brian Barry (forthcoming). Capital Punishment as a Response to Evil. Criminal Law and Philosophy:1-20.score: 586.8
    Some jurisdictions acknowledge, as a matter of positive law, the relevance of evil to capital punishment. At one point, the state of Florida counted that the fact that a murderer’s crime was “especially wicked, evil, atrocious or cruel” as an aggravating factor for purposes of capital sentencing. I submit that Florida may be onto something. I consider a thesis about capital punishment that strikes me as plausible on its face: if capital punishment is (...)
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  3. Christopher Bennett (2013). Considering Capital Punishment as a Human Interaction. Criminal Law and Philosophy 7 (2):367-382.score: 525.6
    This paper contributes to the normative debate over capital punishment by looking at whether the role of executioner is one in which it is possible and proper to take pride. The answer to the latter question turns on the kind of justification the agent can give for what she does in carrying out the role. So our inquiry concerns whether the justifications available to an executioner could provide him with the kind of justification necessary for him to take (...)
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  4. Richard Wasserstrom (1982). Capital Punishment as Punishment: Some Theoretical Issues and Objections. Midwest Studies in Philosophy 7 (1):473-502.score: 423.0
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  5. Thom Brooks (2004). Retributivist Arguments Against Capital Punishment. Journal of Social Philosophy 35 (2):188–197.score: 361.8
    This article argues that even if we grant that murderers may deserve death in principle, retributivists should still oppose capital punishment. The reason? Our inability to know with certainty whether or not individuals possess the necessary level of desert. In large part due to advances in science, we can only be sure that no matter how well the trial is administered or how many appeals are allowed or how many years we let elapse, we will continue to execute (...)
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  6. Patrick Lenta & Douglas Farland (2008). Desert, Justice and Capital Punishment. Criminal Law and Philosophy 2 (3):273-290.score: 361.8
    Our purpose in this paper is to consider a procedural objection to the death penalty. According to this objection, even if the death penalty is deemed, substantively speaking, a morally acceptable punishment for at least some murderers, since only a small proportion of those guilty of aggravated murder are sentenced to death and executed, while the majority of murderers escape capital punishment as a result of arbitrariness and discrimination, capital punishment should be abolished. Our targets (...)
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  7. Joseph B. R. Gaie (2004). The Ethics of Medical Involvement in Capital Punishment: A Philosophical Discussion. Kluwer Academic.score: 361.8
    This book examines the extremely important issue of the consistency of medical involvement in ending lives in medicine, law and war. It uses philosophical theory to show why medical doctors may be involved at different stages of the capital punishment process. The author uses the theories of Emmanuel Kant and John S. Mill, combined with Gerwith's principle of generic consistency, to concretize ethics in capital punishment practice. This book does not discuss the moral justification of (...) punishment, but rather looks at the possible forms of involvement and shows why consistency would demand medical involvement. The author takes a general approach, using arguments that may apply universally. The book broaches different academic fields, such as medicine, ethics, business, politics and defense. The Ethics of Medical Involvement in Capital Punishment is of interest to students, teachers, lecturers and researchers working in the areas of capital punishment, medical, legal and business ethics, and political philosophy. (shrink)
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  8. Jimmy Chia-Shin Hsu (2013). Does Communicative Retributivism Necessarily Negate Capital Punishment? Criminal Law and Philosophy:1-15.score: 361.8
    Does communicative retributivism necessarily negate capital punishment? My answer is no. I argue that there is a place, though a very limited and unsettled one, for capital punishment within the theoretical vision of communicative retributivism. The death penalty, when reserved for extravagantly evil murderers for the most heinous crimes, is justifiable by communicative retributive ideals. I argue that punishment as censure is a response to the preceding message sent by the offender through his criminal act. (...)
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  9. David M. Adams (forthcoming). Belief and Death: Capital Punishment and the Competence-for-Execution Requirement. Criminal Law and Philosophy:1-14.score: 313.2
    A curious and comparatively neglected element of death penalty jurisprudence in America is my target in this paper. That element concerns the circumstances under which severely mentally disabled persons, incarcerated on death row, may have their sentences carried out. Those circumstances are expressed in a part of the law which turns out to be indefensible. This legal doctrine—competence-for-execution (CFE)—holds that a condemned, death-row inmate may not be killed if, at the time of his scheduled execution, he lacks an awareness of (...)
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  10. Steve Aspenson (2013). The Rescue Defence of Capital Punishment. Ratio 26 (1):91-105.score: 282.6
    Many political philosophers today think of justice as fundamentally about fairness, while those who defend capital punishment typically hold that justice is fundamentally about desert. In this paper I show that justice as fairness calls for capital punishment because the continued existence of murderers increases unfairness between themselves and their victims, increasing the harm to murdered persons. Rescuing murdered persons from increasing harm is prima facie morally required, and so capital punishment is a prima (...)
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  11. Thomas W. Satre (1991). Human Dignity and Capital Punishment. Journal of Philosophical Research 16:233-250.score: 282.6
    This paper reviews the concept of human dignity as it has evolved in recent decisions by the United States Supreme Court, and the paper then sketches a “rights based” theory of human dignity. Among the principles of human dignity is a principle of compensation for mistakes in the treatment of any person. A broad concept of mistake is outlined, and, in terms of this concept and the principles of dignity, the practice of capital punishment is examined. An argument (...)
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  12. Atul Gawande, Deborah W. Denno, Robert D. Truog & David Waisel, Physicians and Execution: Highlights From a Discussion of Lethal Injection.score: 282.6
    This article constitutes excerpts of a videotaped discussion hosted by the New England Journal of Medicine on January 14, 2008, concerning a range of topics on lethal injection prompted by the United States Supreme Court's January 7 oral arguments in Baze v. Rees. Dr. Atul Gawande moderated the roundtable that included two anesthesiologists - Dr. Robert Truog and Dr. David Waisel - as well as law professor Deborah Denno. The discussion focused on the drugs used in lethal (...)
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  13. David McCord (2013). “Sociology, I'd Like You to Meet Capital Punishment”. Criminal Justice Ethics 32 (1):51-66.score: 282.6
    The American death penalty is peculiar insofar as it is the only capital punishment system still in use in the West. It is peculiar insofar as the forms through which it is now enacted seem ambivalent and poorly adapted to the stated purposes of criminal justice. And it is peculiar insofar as it seems, somehow, to be connected to the South's ?peculiar institution? of slavery and its legacy of racial violence, though the precise relationship is by no means (...)
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  14. Matthew H. Kramer (2011). The Ethics of Capital Punishment: A Philosophical Investigation of Evil and its Consequences. OUP Oxford.score: 282.6
    Debate has long been waged over the morality of capital punishment, with standard arguments in its favour being marshalled against familiar arguments that oppose the practice. In The Ethics of Capital Punishment, Matthew Kramer takes a fresh look at the philosophical arguments on which the legitimacy of the death penalty stands or falls, and he develops a novel justification of that penalty for a limited range of cases. -/- The book pursues both a project of critical (...)
     
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  15. Nelson T. Potter (2002). Kant and Capital Punishment Today. Journal of Value Inquiry 36 (2-3):267-282.score: 234.0
    We will consider alternative ways that Kant’s philosophical views on ethics generally and on punishment more particularly could be brought into harmony with the present near consensus of opposition to the death penalty. We will make use of the notion of the contemporary consensus about certain issues, particularly equality of the sexes and the death penalty, found in widespread agreement, though not unanimity. Of course, it is always possible that some consensuses are wrong, or misguided, or mistaken. We should (...)
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  16. Mirko Daniel Garasic (2013). The Singleton Case: Enforcing Medical Treatment to Put a Person to Death. [REVIEW] Medicine, Health Care and Philosophy 16 (4):795-806.score: 218.4
    In October 2003 the Supreme Court of the United States allowed Arkansas officials to force Charles Laverne Singleton, a schizophrenic prisoner convicted of murder, to take drugs that would render him sane enough to be executed. On January 6 2004 he was killed by lethal injection, raising many ethical questions. By reference to the Singleton case, this article will analyse in both moral and legal terms the controversial justifications of the enforced medical treatment of death-row inmates. Starting with (...)
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  17. Attila Ataner (2006). Kant on Capital Punishment and Suicide. Kant-Studien 97 (4):452-482.score: 211.2
    From a juridical standpoint, Kant ardently upholds the state's right to impose the death penalty in accordance with the law of retribution. At the same time, from an ethical standpoint, Kant maintains a strict proscription against suicide. The author proposes that this latter position is inconsistent with and undercuts the former. However, Kant's division between external (juridical) and internal (moral) lawgiving is an obstacle to any argument against Kant's endorsement of capital punishment based on his own disapprobation of (...)
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  18. Benjamin S. Yost (2011). The Irrevocability of Capital Punishment. Journal of Social Philosophy 42 (3):321-340.score: 211.2
    One of the many arguments against capital punishment is that execution is irrevocable. At its most simple, the argument has three premises. First, legal institutions should abolish penalties that do not admit correction of error, unless there are no alternative penalties. Second, irrevocable penalties are those that do not admit of correction. Third, execution is irrevocable. It follows that capital punishment should be abolished. This paper argues for the third premise. One might think that the truth (...)
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  19. Benjamin Yost (2011). Responsibility and Revision: A Levinasian Argument for the Abolition of Capital Punishment. Continental Philosophy Review 44 (1):41-64.score: 211.2
    Most readers believe that it is difficult, verging on the impossible, to extract concrete prescriptions from the ethics of Emmanuel Levinas. Although this view is largely correct, Levinas’ philosophy can, with some assistance, generate specific duties on the part of legal actors. In this paper, I argue that the fundamental premises of Levinas’ theory of justice can be used to construct a prohibition against capital punishment. After analyzing Levinas’ concepts of justice, responsibility, and interruption, I turn toward his (...)
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  20. Christian Coons & Noah Levin (2011). The Dead Donor Rule, Voluntary Active Euthanasia, and Capital Punishment. Bioethics 25 (5):236-243.score: 211.2
    We argue that the dead donor rule, which states that multiple vital organs should only be taken from dead patients, is justified neither in principle nor in practice. We use a thought experiment and a guiding assumption in the literature about the justification of moral principles to undermine the theoretical justification for the rule. We then offer two real world analogues to this thought experiment, voluntary active euthanasia and capital punishment, and argue that the moral permissibility of terminating (...)
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  21. Christopher P. Ferbrache (2014). Capital Punishment: Its Lost Appeal? Essays in the Philosophy of Humanism 21 (2):75-89.score: 211.2
    A large proportion of the population thinks that capital punishment is a reasonable method to reduce crime and punish those who have been convicted of a capital crime. I discuss aspects to the philosophy of capital punishment, and analyze factual elements of murder conviction processes, to significantly cast doubt on the pro-capital punishment argument. In order to measure the true value and need for capital punishment, one must analyze pro capital (...)
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  22. Thaddeus Metz (2010). Human Dignity, Capital Punishment, and an African Moral Theory: Toward a New Philosophy of Human Rights. Journal of Human Rights 9 (1):81-99.score: 207.0
    In this article I spell out a conception of dignity grounded in African moral thinking that provides a plausible philosophical foundation for human rights, focusing on the particular human right not to be executed by the state. I first demonstrate that the South African Constitutional Court’s sub-Saharan explanations of why the death penalty is degrading all counterintuitively entail that using deadly force against aggressors is degrading as well. Then, I draw on one major strand of Afro-communitarian thought to develop a (...)
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  23. A. C. Grayling, The Last Word on Capital Punishment.score: 207.0
    It a mistake to think that opponents of the death penalty are invariably sentimentalists, motivated by tenderness to those convicted of deliberate murder. They might, quite rightly, often be motivated by compassion for others branded as criminals, who in more rational, more just, or kinder dispensations would not be criminals at all – for example, soliciting prostitutes and drug addicts. They might also understand, although (a different thing) neither condone nor forgive, murder committed in the unmeditated grip of passion. Such (...)
     
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  24. Joel B. Zivot (2012). The Absence of Cruelty is Not the Presence of Humanness: Physicians and the Death Penalty in the United States. Philosophy, Ethics, and Humanities in Medicine 7 (1):13-.score: 196.8
    The death penalty by lethal injection is a legal punishment in the United States. Sodium Thiopental, once used in the death penalty cocktail, is no longer available for use in the United States as a consequence of this association. Anesthesiologists possess knowledge of Sodium Thiopental and possible chemical alternatives. Further, lethal injection has the look and feel of a medical act thereby encouraging physician participation and comment. Concern has been raised that the death penalty by (...)
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  25. Peggy Kamuf (2012). Protocol: Death Penalty Addiction. Southern Journal of Philosophy 50 (s1):5-19.score: 196.8
    “What if the death penalty were a drug?” This question opens the essay and is pursued through two very different kinds of texts. On the one hand, Derrida's 1999–2000 Death Penalty Seminar is brought to bear for its analysis of what is called there the “anesthesial logic” of capital punishment. This logic, Derrida argues, has determined both pro– and anti–death penalty discourses since at least the mid-eighteenth century. On the other hand, the essay gathers evidence of events that (...)
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  26. John Danaher (2013). Kramer's Purgative Rationale for Capital Punishment: A Critique. [REVIEW] Criminal Law and Philosophy:1-20.score: 184.8
    Matthew Kramer has recently defended a novel justification for the death penalty, something he calls the purgative rationale. According to this rationale, the death penalty can be justifiably implemented if it is necessary in order to purge defilingly evil offenders from a moral community. Kramer claims that this rationale overcomes the problems associated with traditional rationales for the death penalty. Although Kramer is to be commended for carving out a novel niche in a well-worn dialectical space, I argue that his (...)
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  27. Jukka Varelius (2007). Execution by Lethal Injection, Euthanasia, Organ-Donation and the Proper Goals of Medicine. Bioethics 21 (3):140–149.score: 184.8
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  28. Rosalind S. Simson (2001). Does Capital Punishment Deter Homicide?: A Case Study Of Epistemological Objectivity. Metaphilosophy 32 (3):293-307.score: 184.8
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  29. Timothy F. Tf Murphy (2005). Physicians, Medical Ethics, and Capital Punishment. Journal of Clinical Ethics 16 (2):160.score: 184.8
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  30. Author unknown, Capital Punishment. Internet Encyclopedia of Philosophy.score: 184.8
     
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  31. Benjamin S. Yost (2010). Kant's Justification of the Death Penalty Reconsidered. Kantian Review 15 (2):1-27.score: 163.8
    This paper argues that Immanuel Kant’s practical philosophy contains a coherent, albeit implicit, defense of the legitimacy of capital punishment, one that refutes the most important objections leveled against it. I first show that Kant is consistent in his application of the ius talionis. I then explain how Kant can respond to the claim that death penalty violates the inviolable right to life. To address the most significant objection – the claim that execution violates human dignity – I (...)
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  32. William A. Edmundson (2002). Afterword: Proportionality and the Difference Death Makes. Criminal Justice Ethics 21 (2):40-43.score: 163.8
    Proponents and opponents of the death penalty both typically assume that punishment, in some form or other, is justified, somehow or other, and that just punishment must in some sense be proportionate to the crime. These shared assumptions turn out to embarrass both parties. Proponents have to explain why certain prima facie proportionate punishments, such as torture, are off the table, while death remains, so to speak, on it. Opponents have to explain why their favored alternatives to (...) punishment, such as life without parole, are both proportionate to the worst crimes and not as bad as death. The commitment to proportionality makes trouble for both sides of the issue, and its resolution is unlikely until there is a satisfactory general account of proportionality in punishing. Such an account is nowhere in sight. (shrink)
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  33. Matt Stichter (2014). The Structure of Death Penalty Arguments. Res Publica 20 (2):129-143.score: 163.8
    In death penalty debates, advocates on both sides have advanced a staggering number of arguments to defend their positions. Many of those arguments fail to support retaining or abolishing the death penalty, and often this is due to advocates pursuing a line of reasoning where the conclusion, even if correctly established, will not ultimately prove decisive. Many of these issues are also interconnected and shouldn’t be treated separately. The goal of this paper is to provide some clarity about which specific (...)
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  34. Michael Cholbi (2006). Race, Capital Punishment, and the Cost of Murder. Philosophical Studies 127 (2):255 - 282.score: 158.4
    Numerous studies indicate that racial minorities are both more likely to be executed for murder and that those who murder them are less likely to be executed than if they murder whites. Death penalty opponents have long attempted to use these studies to argue for a moratorium on capital punishment. Whatever the merits of such arguments, they overlook the fact that such discrimination alters the costs of murder; racial discrimination imposes higher costs on minorities for murdering through tougher (...)
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  35. Thom Brooks (2010). The Bible and Capital Punishment. Philosophy and Theology 22 (1/2):279-283.score: 158.4
    Many Christians are split on whether they believe we should endorse or oppose capital punishment. Each side claims Biblical support for their professed position. This essay cannot hope to bring this debate to a conclusion. However, it will try to offer a different perspective. The essay recognizes that the Bible itself offers statements in support of each position. The proposed way forward is not to claim there is a contradiction, but to place greater emphasis on understanding these statements (...)
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  36. Thaddeus Metz (2012). African Values and Capital Punishment. In Gerard Walmsley (ed.), African Philosophy and the Future of Africa. Council for Research in Values and Philosophy. 83-90.score: 158.4
    What is the strongest argument grounded in African values, i.e., those salient among indigenous peoples below the Sahara desert, for abolishing capital punishment? I defend a particular answer to this question, one that invokes an under-theorized conception of human dignity. Roughly, I maintain that the death penalty is nearly always morally unjustified, and should therefore be abolished, because it degrades people’s special capacity for communal relationships. To defend this claim, I proceed by clarifying what I aim to achieve (...)
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  37. Carol S. Steiker (2013). Can/Should We Purge Evil Through Capital Punishment? Criminal Law and Philosophy:1-12.score: 158.4
    Matthew Kramer’s The Ethics of Capital Punishment: A Philosophical Investigation of Evil and its Consequences explores the morality of capital punishment and develops his own “purgative rationale” in support of the practice. I present my objections to Kramer’s purgative rationale and trace our disagreement to differences over the nature of evil, the autonomy of human character formation, and the concept of defilement.
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  38. Seema K. Shah, How Lethal Injection Reform Constitutes Impermissible Research on Prisoners.score: 158.4
    This essay exposes how recent attempts at lethal injection reform have involved unethical and illegal research on prisoners. States are varying the doses and types of drugs used, developing methods designed for non-medical professionals to administer medical procedures, and gathering data or making provisions for the gathering of data to learn from executions gone wrong. When individual prisoners are executed under these conditions, states are conducting research on them. Conducting research or experimentation on prisoners in the process of (...)
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  39. Paul Litton (2013). Physician Participation in Executions, the Morality of Capital Punishment, and the Practical Implications of Their Relationship. Journal of Law, Medicine and Ethics 41 (1):333-352.score: 158.4
    Evidence that some executed prisoners suffered excruciating pain has reinvigorated the ethical debate about physician participation in executions. In widely publicized litigation, death row inmates argue that participation of anesthesiologists in their execution is constitutionally required to minimize the risk of unnecessary suffering. For many years, commentators supported the ethical ban on physician participation reflected in codes of professional medical organizations. However, a recent wave of scholarship concurs with inmate advocates, urging the law to require or permit physician participation. Both (...)
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  40. Jeffrey H. Barker (1996). Capital Punishment in the New Europe. The European Legacy 1 (2):812-819.score: 158.4
    (1996). Capital punishment in the new Europe. The European Legacy: Vol. 1, Fourth International Conference of the International Society for the study of European Ideas, pp. 812-819.
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  41. Dan Demetriou (2012). Justifying Punishment: The Educative Approach as Presumptive Favorite. Criminal Justice Ethics 31 (1):2-18.score: 156.0
    Abstract In The Problem of Punishment, David Boonin offers an analysis of punishment and an account of what he sees as ethically problematic about it. In this essay I make three points. First, pace Boonin's analysis, everyday examples of punishment show that it sometimes isn't harmful, but merely "discomforting." Second, intentionally discomforting offenders isn't uniquely problematic, given that we have cases of non-punitive intentional discomforture---and perhaps even harmful discomforture---that seem unobjectionable. Third, a notable fact about both non-harmful (...)
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  42. Richard Dagger (2008). Punishment as Fair Play. Res Publica 14 (4):259-275.score: 156.0
    This article defends the fair-play theory of legal punishment against three objections. The first, the irrelevance objection , is the long-standing complaint that fair play fails to capture what it is about crimes that makes criminals deserving of punishment; the others are the recently raised false-equivalence and lacks-integration objections. In response, I sketch an account of fair-play theory that is grounded in a conception of the political order as a meta- cooperative practice—a conception that falls somewhere between contractual (...)
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  43. Matt K. Stichter (2010). Rescuing Fair-Play as a Justification for Punishment. Res Publica 16 (1):73-81.score: 156.0
    The debate over whether ‘fair-play’ can serve as a justification for legal punishment has recently resumed with an exchange between Richard Dagger and Antony Duff. According to the fair-play theorist, criminals deserve punishment for breaking the law because in so doing the criminal upsets a fair distribution of benefits and burdens, and punishment rectifies this unfairness. Critics frequently level two charges against this idea. The first is that it often gives the wrong explanation of what makes crime (...)
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  44. J. D. Shepherd (2012). A Human Right Not to Be Punished? Punishment as Derogation of Rights. Criminal Law and Philosophy 6 (1):31-45.score: 156.0
    In this essay, I apply international human rights theory to the domestic discussion of criminalization. The essay takes as its starting point the “right not to be punished” that Douglas Husak posited in his recent book Overcriminalization . By reviewing international human rights norms, I take up Husak’s challenge to imbue this right with further normative content. This process reveals additional relationships between the criminal law and human rights theory, and I discuss one analogy: the derogation by states of an (...)
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  45. Antony Duff (2008). The Incompleteness of 'Punishment as Fair Play': A Response to Dagger. Res Publica 14 (4):277-281.score: 156.0
    Richard Dagger (in this issue) provides perhaps the most persuasive version of a ‘fair play’ theory of criminal punishment, grounded in an attractive liberal republican political theory. But, I argue, his version of the theory still faces serious objections: that its explanation of why some central mala in se are properly criminalised is still distorting, despite his appeal to the burdens of ‘general compliance’; and that it cannot adequately explain (as it should explain) the differential seriousness and wrongfulness of (...)
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  46. Bill Wringe (forthcoming). Perp Walks as Punishment. Ethical Theory and Moral Practice:1-15.score: 156.0
    When Dominique Strauss-Kahn, then head of the IMF, was arrested on charges of sexual assault arising from events that were alleged to have occurred during his stay in an up-market hotel in New York, a sizeable portion of French public opinion was outraged - not by the possibility that a well-connected and widely-admired politician had assaulted an immigrant hotel worker, but by the way in which the accused had been treated by the American authorities. I shall argue that in one (...)
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  47. Stefano Paoli & Aphra Kerr (2012). On Crimes and Punishments in Virtual Worlds: Bots, the Failure of Punishment and Players as Moral Entrepreneurs. [REVIEW] Ethics and Information Technology 14 (2):73-87.score: 156.0
    This paper focuses on the role of punishment as a critical social mechanism for cheating prevention in MMORPGs. The role of punishment is empirically investigated in a case study of the MMORPG Tibia (Cipsoft 1997–2011 ) ( http://www.tibia.com ) and by focusing on the use of bots to cheat. We describe the failure of punishment in Tibia, which is perceived by players as one of the elements facilitating the proliferation of bots. In this process some players act (...)
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  48. David Pastoriza, Miguel A. Ariño & Joan E. Ricart (2008). Ethical Managerial Behaviour as an Antecedent of Organizational Social Capital. Journal of Business Ethics 78 (3):329 - 341.score: 156.0
    There is a need of further research to understand how social capital in the organization can be fostered. Existing literature focuses on the design of reciprocity norms, procedures and stability employment practices as the main levers of social capital in the workplace. Complementary to these mechanisms, this paper explores the impact of ethical managerial behaviour on the development of social capital. We argue that a managerial behaviour based on the true concern for the well-being of employees, as (...)
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  49. Suzanne Uniacke (forthcoming). Punishment as Penalty. Criminal Law and Philosophy:1-11.score: 156.0
    The paper’s central focus is the ‘duty’ theory of punishment developed by Victor Tadros in The Ends of Harm. In evaluating the ‘duty’ theory we might ask two broad closely related questions: whether in its own terms the ‘duty’ theory provides a justification of the imposition of hard treatment or suffering on an offender; and whether the ‘duty’ theory can provide a justification of punishment. This paper is principally concerned with the second question, which stems from a significant (...)
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  50. Jami L. Anderson (1998). Understanding Punishment as Annulment. Social Philosophy Today 13:215-226.score: 156.0
    Hegel claims that punishment is justified because it annuls crimes thereby revealing the criminal act for what it is, a will “null and void.” In this paper I analyze the complex notion of annulment, arguing that Hegel is claiming that punishment does not change the past, but alters the status of the criminal will so as to reveal that will for what it is, a violation of a victim’s rights. In short, punishment invalidates the criminal's will and (...)
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