Search results for 'retribution' (try it on Scholar)

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  1. John Danaher (forthcoming). Robots, Law and the Retribution Gap. Ethics and Information Technology.
    We are living through an era of increased robotisation. Some authors have already begun to explore the impact of this robotisation on legal rules and practice. In doing so, many highlight potential liability gaps that might arise through robot misbehaviour. Although these gaps are interesting and socially significant, they do not exhaust the possible gaps that might be created by increased robotisation. In this article, I make the case for one of those alternative gaps: the retribution gap. This gap (...)
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  2.  1
    How Emotivism Survives Immoralists & Natural Retribution (2002). Liliana Albertazzi Phenomenologists and Analytics: A Question of Psychophysics? Ro Bert Allen Identity and Becoming. Southern Journal of Philosophy 40.
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  3.  3
    Geoffrey P. Goodwin & Adam Benforado (2015). Judging the Goring Ox: Retribution Directed Toward Animals. Cognitive Science 39 (3):619-646.
    Prior research on the psychology of retribution is complicated by the difficulty of separating retributive and general deterrence motives when studying human offenders . We isolate retribution by investigating judgments about punishing animals, which allows us to remove general deterrence from consideration. Studies 2 and 3 document a “victim identity” effect, such that the greater the perceived loss from a violent animal attack, the greater the belief that the culprit deserves to be killed. Study 3 documents a “targeted (...)
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  4.  36
    Isaac Wiegman (2015). The Evolution of Retribution: Intuitions Undermined. Pacific Philosophical Quarterly 96 (2).
    Recent empirical work suggests that emotions are responsible for anti-consequentialist intuitions. For instance, anger places value on actions of revenge and retribution, value not derived from the consequences of these actions. As a result, it contributes to the development of retributive intuitions. I argue that if anger evolved to produce these retributive intuitions because of their biological consequences, then these intuitions are not a good indicator that punishment has value apart from its consequences. This severs the evidential connection between (...)
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  5.  38
    Jonathan A. Silk (2007). Good and Evil in Indian Buddhism: The Five Sins of Immediate Retribution. [REVIEW] Journal of Indian Philosophy 35 (3):253-286.
    Indian Buddhist sources speak of five sins of immediate retribution: murder of mother, father, an arhat, drawing the blood of a buddha, and creating a schism in the monastic community. This category provides the paradigm for sinfulness in Buddhism. Yet even these sins can and will, be expiated in the long run, demonstrating the overwhelmingly positive nature of Buddhist ethics.
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  6.  32
    Peter Königs (2013). The Expressivist Account of Punishment, Retribution, and the Emotions. Ethical Theory and Moral Practice 16 (5):1029-1047.
    This paper provides a discussion of the role that emotions may play in the justification of punishment. On the expressivist account of punishment, punishment has the purpose of expressing appropriate emotional reactions to wrongdoing, such as indignation, resentment or guilt. I will argue that this expressivist approach fails as these emotions can be expressed other than through the infliction of punishment. Another argument for hard treatment put forward by expressivists states that punitive sanctions are necessary in order for the law (...)
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  7.  31
    M. Sigler (2000). The Story of Justice:Retribution, Mercy, and the Role of Emotions in the Capital Sentencing Process. [REVIEW] Law and Philosophy 19 (3):339-367.
    This essay examines Martha Nussbaum's prescription for tempering retribution with mercy in the capital sentencing process. Nussbaum observes that the operation of retribution in the ancient world resulted in harsh and indiscriminate punishment without regard to the particularities of the offender and his crime. In the interest of mercy, Nussbaum advocates the use of the novel as a model for a more compassionate sentencing process. An examination of Nussbaum's ``novel prescription'' reveals that the retribution that operates in (...)
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  8.  45
    Michael Clark (2006). Retribution and Organic Unities. Journal of Moral Philosophy 3 (3):351-358.
    Moore argued that his principle of organic unities, according to which the value of a whole is to be distinguished from the value of the sum of its parts, is consistent with a retributivist view of punishment: both crime and punishment are intrinsic evils but the combination of the crime with the punishment of its perpetrator is less bad in itself than the crime unpunished. Moore’s principle excludes any form of retributivism that regards the punishment of a guilty person as (...)
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  9.  4
    Ignace Haaz (2009). L'invention des conventions de justice chez Hume et sa skepsis envers la rétribution. In Philippe Saltel (ed.), L'invention philosophique humienne. Vrin - Recherches Sur la Philosophie Et le Langage No 26 235-272.
    Promise keeping and the virtue of integrity are understandable only if the sense of justice and of injustice doesn't come from nature but results from education and of some of the most inventive human conventions. We comment this argument that we find in the Treatise of Nature, book III and present how it impacts the notion of retribution and punishment in general.
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  10. Roger Wertheimer (1983). Understanding Retribution. Criminal Justice Ethics 2 (2):19-38.
  11.  52
    Margaret R. Holmgren (2012). Forgiveness and Retribution: Responding to Wrongdoing. Cambridge University Press.
    Machine generated contents note: 1. Introduction and overview; 2. The nature of forgiveness and resentment; 3. The moral analysis of the attitudes of forgiveness and resentment defined; 4. The moral analysis of the attitudes of self-forgiveness and self-condemnation; 5. Philosophical underpinnings of the basic attitudes: forgiveness, resentment, and the nature of persons; 6. Moral theory: justice and desert; 7. The public response to wrongdoing; 8. Restorative justice: the public response to wrongdoing and the process of addressing the wrong.
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  12.  66
    Jeffrie G. Murphy (2006). Legal Moralism and Retribution Revisited. Criminal Law and Philosophy 1 (1):5-20.
    This is a slightly revised text of Jeffrie G. Murphy’s Presidential Address delivered to the American Philosophical Association, Pacific Division, in March 2006. In the essay the author reconsiders two positions he had previously defended—the liberal attack on legal moralism and robust versions of the retributive theory of punishment—and now finds these positions much more vulnerable to legitimate attack than he had previously realized. In the first part of the essay, he argues that the use of Mill’s liberal harm principle (...)
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  13.  7
    Tamler Sommers (forthcoming). The Three Rs: Retribution, Revenge, and Reparation. Philosophia:1-16.
    Nearly all retributive theories of punishment adopt the following model. Punishments are justified when the wrongdoers receive the punishment they deserve. A deserved punishment is one that is proportionate to the offender’s culpability. Culpability has two components: the severity of the wrong, and the offender’s blameworthiness. The broader aim of this article is to outline an alternative retributivist model that directly involves the victim in the determination of the appropriate and just punishment. The narrower aim is to show that the (...)
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  14.  52
    Raffaele Rodogno (2010). Guit, Anger, and Retribution. Legal Theory 16 (1):59-76.
    This article focuses primarily on the emotion of guilt as providing a justification for retributive legal punishment. In particular, I challenge the claim according to which guilt can function as part of our epistemic justification of positive retributivism, that is, the view that wrongdoing is both necessary and sufficient to justify punishment. I show that the argument to this conclusion rests on two premises: (1) to feel guilty typically involves the judgment that one deserves punishment; and (2) those who feel (...)
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  15.  9
    Isaac Wiegman (2015). The Evolution of Retribution: Intuitions Undermined. Pacific Philosophical Quarterly 97 (1).
    Recent empirical work suggests that emotions are responsible for anti-consequentialist intuitions. For instance, anger places value on actions of revenge and retribution, value not derived from the consequences of these actions. As a result, it contributes to the development of retributive intuitions. I argue that if anger evolved to produce these retributive intuitions because of their biological consequences, then these intuitions are not a good indicator that punishment has value apart from its consequences. This severs the evidential connection between (...)
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  16. Oliver D. Crisp (2003). Divine Retribution: A Defence. Sophia 42 (2):35-52.
    The concept of divine justice has been the subject of considerable scrutiny in recent philosophical theology, as it bears upon the notion of punishment with respect to the doctrine of eternal damnation. In this essay, I set out a version of the traditional retributive view of divine punishment and defend it against one of the most important and influential contemporary detractors from this position, Thomas Talbott. I will show that, contrary to Talbott’s argument, punishment may satisfy divine justice, and that (...)
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  17.  85
    Mark R. Reiff (2008). Terrorism, Retribution, and Collective Responsibility. Social Theory and Practice 34 (2):209-242.
    Terrorism is commonly viewed as a form of war, and as a form of war, the morality of terrorism seems to turn on the usual arguments regarding the furtherance of political objectives through coercive means. The terrorist argues that his options for armed struggle are limited, and that the use of force against civilians is the only way he can advance his cause. But this argument is subject to a powerful response. There is the argument from consequences, which asserts that (...)
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  18.  2
    Isaac Wiegman (2015). The Evolution of Retribution: Intuitions Undermined. Pacific Philosophical Quarterly 97 (2).
    Recent empirical work suggests that emotions are responsible for anti-consequentialist intuitions. For instance, anger places value on actions of revenge and retribution, value not derived from the consequences of these actions. As a result, it contributes to the development of retributive intuitions. I argue that if anger evolved to produce these retributive intuitions because of their biological consequences, then these intuitions are not a good indicator that punishment has value apart from its consequences. This severs the evidential connection between (...)
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  19. Hugo Adam Bedau (1978). Retribution and the Theory of Punishment. Journal of Philosophy 75 (11):601-620.
    This paper examines hart's model (1967) of the retributive theory. section i criticizes the model for not answering all the main questions to which a theory of punishment should be addressed, as hart alleges it does. section ii criticizes the model for its omission of the concept of desert. section iii criticizes attempts by card (1973) and by von hirsch (1976) to provide new ways of proportioning punitive severity to criminal injury. section iv discusses the idea of retribution in (...)
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  20.  34
    Thom Brooks (2014). Beyond Retribution. Think 13 (38):47-50.
    Retribution enjoys an unwarranted appeal from the public and its politicians. This is because it is impractical and perhaps even incoherent. This does not mean that we should reject the importance of morality for criminal justice nor should we reject the link between desert and proportionality. Nevertheless, we can reject the way retribution has understood these ideas in defense of a more plausible and compelling alternative.
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  21.  1
    Isaac Wiegman (2015). The Evolution of Retribution: Intuitions Undermined. Pacific Philosophical Quarterly 97 (2):n/a-n/a.
    Recent empirical work suggests that emotions are responsible for anti-consequentialist intuitions. For instance, anger places value on actions of revenge and retribution, value not derived from the consequences of these actions. As a result, it contributes to the development of retributive intuitions. I argue that if anger evolved to produce these retributive intuitions because of their biological consequences, then these intuitions are not a good indicator that punishment has value apart from its consequences. This severs the evidential connection between (...)
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  22.  1
    Isaac Wiegman (2015). The Evolution of Retribution: Intuitions Undermined. Pacific Philosophical Quarterly 97 (2):n/a-n/a.
    Recent empirical work suggests that emotions are responsible for anti-consequentialist intuitions. For instance, anger places value on actions of revenge and retribution, value not derived from the consequences of these actions. As a result, it contributes to the development of retributive intuitions. I argue that if anger evolved to produce these retributive intuitions because of their biological consequences, then these intuitions are not a good indicator that punishment has value apart from its consequences. This severs the evidential connection between (...)
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  23.  1
    Isaac Wiegman (2015). The Evolution of Retribution: Intuitions Undermined. Pacific Philosophical Quarterly 97 (2):n/a-n/a.
    Recent empirical work suggests that emotions are responsible for anti-consequentialist intuitions. For instance, anger places value on actions of revenge and retribution, value not derived from the consequences of these actions. As a result, it contributes to the development of retributive intuitions. I argue that if anger evolved to produce these retributive intuitions because of their biological consequences, then these intuitions are not a good indicator that punishment has value apart from its consequences. This severs the evidential connection between (...)
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  24.  1
    Isaac Wiegman (2015). The Evolution of Retribution: Intuitions Undermined. Pacific Philosophical Quarterly 97 (2).
    Recent empirical work suggests that emotions are responsible for anti-consequentialist intuitions. For instance, anger places value on actions of revenge and retribution, value not derived from the consequences of these actions. As a result, it contributes to the development of retributive intuitions. I argue that if anger evolved to produce these retributive intuitions because of their biological consequences, then these intuitions are not a good indicator that punishment has value apart from its consequences. This severs the evidential connection between (...)
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  25.  1
    Isaac Wiegman (2015). The Evolution of Retribution: Intuitions Undermined. Pacific Philosophical Quarterly 97 (2).
    Recent empirical work suggests that emotions are responsible for anti-consequentialist intuitions. For instance, anger places value on actions of revenge and retribution, value not derived from the consequences of these actions. As a result, it contributes to the development of retributive intuitions. I argue that if anger evolved to produce these retributive intuitions because of their biological consequences, then these intuitions are not a good indicator that punishment has value apart from its consequences. This severs the evidential connection between (...)
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  26.  1
    Isaac Wiegman (2015). The Evolution of Retribution: Intuitions Undermined. Pacific Philosophical Quarterly 97 (2).
    Recent empirical work suggests that emotions are responsible for anti-consequentialist intuitions. For instance, anger places value on actions of revenge and retribution, value not derived from the consequences of these actions. As a result, it contributes to the development of retributive intuitions. I argue that if anger evolved to produce these retributive intuitions because of their biological consequences, then these intuitions are not a good indicator that punishment has value apart from its consequences. This severs the evidential connection between (...)
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  27.  1
    Isaac Wiegman (2015). The Evolution of Retribution: Intuitions Undermined. Pacific Philosophical Quarterly 97 (2).
    Recent empirical work suggests that emotions are responsible for anti-consequentialist intuitions. For instance, anger places value on actions of revenge and retribution, value not derived from the consequences of these actions. As a result, it contributes to the development of retributive intuitions. I argue that if anger evolved to produce these retributive intuitions because of their biological consequences, then these intuitions are not a good indicator that punishment has value apart from its consequences. This severs the evidential connection between (...)
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  28.  12
    Benjamin Ewing (2015). The Political Legitimacy of Retribution: Two Reasons for Skepticism. Law and Philosophy 34 (4):369-396.
    Retributivism is often portrayed as a rights-respecting alternative to consequentialist justifications of punishment. However, I argue that the political legitimacy of retribution is doubtful precisely because retribution privileges a controversial conception of the good over citizens’ rights and more widely shared, publicly accessible interests. First, even if retribution is valuable, the best accounts of its value fail to show that it can override or partially nullify offenders’ rights to the fundamental forms of liberty of which criminal punishment (...)
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  29.  8
    J. Allen (2001). Between Retribution and Restoration: Justice and the TRC. South African Journal of Philosophy 20 (2):22-41.
    How may a society, in a morally defensible way, confront a past of injustice and suffering, and seek to break the spell of violence and disregard for human life? I begin by demonstrating the relevance of this question to the South African Truth and Reconciliation Commission, and I draw attention to André du Toit’s longstanding interest in ways in which truth commissions may function to consolidate political change. In the second section of the article, I argue that truth commissions should (...)
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  30.  22
    Sidney Gendin (1970). A Plausible Theory of Retribution. Journal of Value Inquiry 5 (1):1-16.
    Kant believed all and only the guilty should be punished. Other retributivists believed that only guilt should bring punishment down on a person. In neither way is the retributive theory sufficiently distinguished from utilitarianism for, on contingent grounds, the utilitarian may agree with either of these theses. The advantage of PRJ is that it brings out the difference between retributivism and utilitarianism more sharply while at the same time it manages to be a less stern and unyielding view than traditional (...)
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  31.  10
    Jonathan Jacobs (1999). Luck and Retribution. Philosophy 74 (4):535-555.
    The main claims are the following. If we keep before us the distinction between the justification of punishment and its aims, we see that retribution is not an aim of punishment, and that there is a central place for retributivist considerations in the justification of punishment. Justifications based upon aims or consequentialist considerations suffer from a serious epistemic vulnerability not shared by retributivism. There are ethically sound sentiments that underwrite retributivist justification, and it would be a mistake to redeploy (...)
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  32.  1
    John Wilson (1987). Retribution Revisited. Philosophy 62 (239):94 - 95.
    I am grateful for Professor Manser's criticisms of my brief remarks on f retribution, and in particular for his concluding challenge , because they bring out the central point I was trying to make—that ‘Retribution aims at a restoration of balance by compensation’ . I interpreted ‘compensation’ widely, to include the disadvantaging a person should suffer ‘if somebody breaks the rules of a particular deal’ , in order that the proper status of the participants be restored. The injury (...)
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  33. Margaret R. Holmgren (2014). Forgiveness and Retribution: Responding to Wrongdoing. Cambridge University Press.
    Forgiveness and Retribution: Responding to Wrongdoing argues that ultimately, forgiveness is always the appropriate response to wrongdoing. In recent decades, many philosophers have claimed that unless certain conditions are met, we should resent those who have wronged us personally and that criminal offenders deserve to be punished. Conversely, Margaret Holmgren posits that we should forgive those who have ill-treated us, but only after working through a process of addressing the wrong. Holmgren then reflects on the kinds of laws and (...)
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  34. Sanjay Palshikar (2016). Evil and the Philosophy of Retribution: Modern Commentaries on the Bhagavad-Gita. Routledge India.
    What is ‘evil’? What are the ways of overcoming this destructive and morally recalcitrant phenomenon? To what extent is the use of punitive violence tenable? _Evil and the Philosophy of Retribution _compares the responses of three modern Indian commentators on the Bhagavad-Gita — Aurobindo Ghose, Bal Gangadhar Tilak and Mahatma Gandhi. The book reveals that some of the central themes in the Bhagavad-Gita were transformed by these intellectuals into categories of modern socio-political thought by reclaiming them from pre-modern debates (...)
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  35. Christine James (2012). Prisons for Profit in the United States: Retribution and Means Vs. Ends. Journal for Human Rights 6 (1):76-93.
    The recent trend toward privately owned and operated prisons calls attention to a variety of issues involving human rights. The growing number of corporatized correctional institutions is especially notable in the United States, but it is also a global phenomenon in many countries. The reasons cited for privatizing prisons are usually economic; the opportunity to outsource prison services enables local political leaders to save tax revenue, and local communities are promised a chance to create new jobs and bring in a (...)
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  36.  89
    Rodney L. Petersen (forthcoming). Book Review: Beyond Retribution: A New Testament Vision for Justice, Crime, and Punishment. [REVIEW] Interpretation 56 (4):442-442.
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  37.  24
    Lynne Tirrell (2015). Forgiveness and Retribution: Responding to Wrongdoing, Written by Margaret R. Holmgren. Journal of Moral Philosophy 12 (6):802-805.
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  38. Erin I. Kelly (2009). Criminal Justice Without Retribution. Journal of Philosophy 106 (8):440-462.
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  39. B. Sharon Byrd (1989). Kant's Theory of Punishment: Deterrence in its Threat, Retribution in its Execution. [REVIEW] Law and Philosophy 8 (2):151 - 200.
    Kant's theory of punishment is commonly regarded as purely retributive in nature, and indeed much of his discourse seems to support that interpretation. Still, it leaves one with certain misgivings regarding the internal consistency of his position. Perhaps the problem lies not in Kant's inconsistency nor in the senility sometimes claimed to be apparent in the Metaphysic of Morals, but rather in a superimposed, modern yet monistic view of punishment. Historical considerations tend to show that Kant was discussing not one, (...)
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  40. Jeffrie G. Murphy (1973). Marxism and Retribution. Philosophy and Public Affairs 2 (3):217-243.
  41. Daniel Farnham (2008). A Hegelian Theory of Retribution. Journal of Social Philosophy 39 (4):606-624.
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  42.  27
    Erin I. Kelly (2009). Criminal Justice Without Retribution. Journal of Philosophy 106 (8):440-462.
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  43.  39
    Jeremy Morris (2010). The Justification of Torture-Horror: Retribution and Sadism in Saw, Hostel, and the Devil's Rejects. In Thomas Richard Fahy (ed.), The Philosophy of Horror. University Press of Kentucky 42.
  44.  71
    Christopher Ciocchetti (2009). Emotions, Retribution, and Punishment. Journal of Applied Philosophy 26 (2):160-173.
    I examine emotional reactions to wrongdoing to determine whether they offer support for retributivism. It is often thought that victims desire to see their victimizer suffer and that this reaction offers support for retributivism. After rejecting several attempts to use different theories of emotion and different approaches to using emotions to justify retributivism, I find that, assuming a cognitive theory of emotion is correct, emotions can be used as heuristic guides much as suggested by Michael Moore. Applying this method to (...)
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  45.  2
    Isaac Wiegman (forthcoming). The Evolution of Retribution: Intuitions Undermined. Pacific Philosophical Quarterly:n/a-n/a.
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  46.  88
    John Finnis (1972). The Restoration of Retribution. Analysis 32 (4):131 - 135.
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  47.  82
    John Cottingham (1979). Varieties of Retribution. Philosophical Quarterly 29 (116):238-246.
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  48.  3
    Jeffrie G. Murphy (1981). Retribution, Justice, and Therapy. Philosophical Review 90 (3):484-489.
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  49.  30
    Claire Finkelstein (2002). Death and Retribution. Criminal Justice Ethics 21 (2):12-21.
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  50.  16
    Charles D. Orzech (1994). Mechanisms of Violent Retribution in Chinese Hell Narratives. Contagion: Journal of Violence, Mimesis, and Culture 1 (1):111-126.
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