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Siblings:History/traditions: Punishment

355 found
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  1. Retributive Prepunishment.Joseph Q. Adams - 2013 - Social Theory and Practice 39 (2):213-222.
    This paper argues that many of our most important theories of retributivism are unwittingly committed to the radical thesis that prepunishment—punishment before an offense—is morally permissible. From the perspective of diachronic justice on which these theories crucially depend, the timing of retribution is, ceteris paribus, irrelevant. But retributivism’s counterintuitive support does not stop there: there are conditions under which pre-offense apprehension and punishment guarantees a higher probability of justice being done. Under these conditions, the popular retributive theories I have in (...)
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  2. The Rectificatory Theory of Punishment.Jacob Adler - 1988 - Pacific Philosophical Quarterly 69 (4):255.
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  3. Restoring Justice After Large-Scale Violent Conflicts: Kosovo, Dr Congo and the Israeli-Palestinian Case.Ivo Aertsen (ed.) - 2008 - Willan.
    The Kosovo conflict -- The Israeli-Palestinian conflict -- The conflict in the Democratic Republic of Congo.
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  4. Facts, Law, Exculpation, and Inculpation: Comments on Simons.Larry Alexander - 2009 - Criminal Law and Philosophy 3 (3):241-245.
    Orthodox criminal law doctrine treats mistakes of law and mistakes of fact differently for purposes of both exculpation and inculpation. Kenneth Simons’ paper in general defends this orthodoxy. I have earlier criticized the criminal law’s attempt to distinguish mistakes of law from mistakes of fact, and I continue to maintain, in opposition to Simons, that the distinction is problematic.
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  5. “Moore or Less” Causation and Responsibility.Larry Alexander & Kimberly Kessler Ferzan - 2012 - Criminal Law and Philosophy 6 (1):81-92.
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  6. Restorative Justice, Retributive Justice, and the South African Truth and Reconciliation Commission.Lucy Allais - 2011 - Philosophy and Public Affairs 39 (4):331-363.
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  7. [Book Review] Relocating Criminal Law. [REVIEW]Peter Alldridge - 2001 - Criminal Justice Ethics 20 (2):55-62.
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  8. Self-Defense, Punishment and Forfeiture.David Alm - 2013 - Criminal Justice Ethics 32 (2):91-107.
    According to the self-defense view, the moral justification of punishment is derived from the moral justification of an earlier threat of punishment for an offense. According to the forfeiture view, criminals can justly be punished because they have forfeited certain rights in virtue of their crimes. The paper defends three theses about these two views. (1) The self-defense view is false because the right to threaten retaliation is not independent of the right to carry out that threat. (2) A more (...)
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  9. German Idealism and the Concept of Punishment.Matthew C. Altman - 2010 - British Journal for the History of Philosophy 18 (5):953-956.
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  10. A Hegelian Theory of Punishment.Jami L. Anderson - 1999 - Legal Theory 5 (4):363-388.
    Despite the bad press that retributivism often receives, the basic assumptions on which this theory of punishment rests are generally regarded as being attractive and compelling. First of these is the assumption that persons are morally responsible agents and that social practices, such as criminal punishment, must acknowledge that fact. Additionally, retributivism is committed to the claim that punishment must be proportionate to the crime, and not determined by such utilitarian concerns as the welfare of society, or the hope of (...)
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  11. Understanding Punishment as Annulment.Jami L. Anderson - 1998 - Social Philosophy Today 13:215-226.
    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 validates the victim's (...)
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  12. Annulling Crimes: A Hegelian Theory of Retribution.Jami Lynn Anderson - 1995 - Dissertation, University of Southern California
    Retributivists claim that those who deliberately and freely commit crimes deserve punishment proportionate to their crime. But Marx famously claimed that many criminals commit crimes because of social circumstances like abject poverty and therefore their punishment is unjust. ;I begin by outlining the retributivistic theory dominant in contemporary philosophical and legal literature, retributivism founded on social contractarianism. Such a theory has two strategies available to it to meet the Marxist's challenge: either claim that poverty denies persons the opportunity to enjoy (...)
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  13. Breaking the Habit.Audrey L. Anton - 2006 - Philosophy in the Contemporary World 13 (2):58-66.
    Aristotle’s virtue ethics can teach us about the relationship between our habits and our actions. Throughout his works, Aristotle explains much about how one may develop a virtuous character, and little about how one might change from one character type to another. In recent years criminal law has been concerned with the issue of recidivism and how our system might reform the criminals we return to society more effectively. This paper considers how Aristotle might say a vicious person could change (...)
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  14. Absolute Safety.Lance Ashdown - 1995 - Philosophical Investigations 18 (2):162-172.
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  15. Recidivist Punishments: The Philosopher's View.Peter Asp, Christopher Bennett, Peter Cave, J. Angelo Corlett, Richard Dagger, Michael Davis, Anthony Ellis, Thomas S. Petersen, Julian V. Roberts & Torbjörn Tännsjö - 2011 - Lexington Books.
    Much has been written about recidivist punishments, particularly within the area of criminology. However there is a notorious lack of penal philosophical reflection on this issue. This book attempts to fill that gap by presenting the philosopher’s view on this matter as a way of furthering the debate on recidivist punishments.
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  16. The Right to an Impartial Hearing Trumps the Social Imperative of Bringing Accused to Trial Even 'Down Under'.Mirko Bagaric - 2010 - Criminal Law and Philosophy 4 (3):321-339.
    Accused persons who are subjected to a saturation level of negative media coverage may be denied an impartial hearing, which is perhaps the most important aspect of the right to a fair hearing. Despite this, the courts have generally held that the social imperative of prosecuting accused trumps the interests of the accused. The justification for an impartial hearing stems from the repugnance of convicting the innocent. Viewed dispassionately, this imperative is not absolute, given that every legal system condones procedures (...)
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  17. Double Punishment and Punishing Character: The Unfairness of Prior Convictions.Mirko Bagaric - 2000 - Criminal Justice Ethics 19 (1):10-28.
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  18. The Presumption of Punishment.Shima Baradaran - 2014 - Criminal Law and Philosophy 8 (2):391-406.
    The presumption of innocence undergirds the American criminal justice system. It is so fundamental that it is derived from the concepts of due process and the importance of a fair trial. An informed, historical understanding of the interaction between the presumption of innocence and key tenets of due process can help clarify the meaning and application of the presumption of innocence in the modern day. Due process, as developed throughout English and US. Colonial history leading up to the formation of (...)
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  19. Excuses, Excuses.Marcia Baron - 2006 - Criminal Law and Philosophy 1 (1):21-39.
    Justifications and excuses are defenses that exculpate. They are therefore much more like each other than like such defenses as diplomatic immunity, which does not exculpate. But they exculpate in different ways, and it has proven difficult to agree on just what that difference consists in. In this paper I take a step back from justification and excuse as concepts in criminal law, and look at the concepts as they arise in everyday life. To keep the task manageable, I focus (...)
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  20. Getting Even Again.Charles Barton - 2000 - International Journal of Applied Philosophy 14 (1):129-142.
    In his review of Getting Even: Revenge as a Form of Justice (Open Court: Chicago. 1999). Michael Davis challenges the view put forward in the book that revenge is personal retributive punishment. Davis also claims that “the purpose Barton seeks to achieve under the banner of ‘victims rights’ has no more to do with punishment than with revenge.” In my response, I argue that Davis’s views and conclusions are based partly on a misreading of Getting Even, and partly on mistaken (...)
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  21. Restorative Justice: The Empowerment Model.Charles K. B. Barton - 2003 - Hawkins Press.
    There will also be two sample role plays in the book and additionally there will be four complete role plays available on our website, closer to publication ...
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  22. Victim-Offender and Community Empowerment.Charles K. B. Barton - 2001 - International Journal of Applied Philosophy 15 (1):25-46.
    With the growing prominence of restorative justice interventions, criminal justice is being reconceptualized in terms of a new paradigm of justice. The central concept of this new paradigm is victim-offender empowerment. The paper articulates the meaning and application of this idea in restorative justice philosophy and practice.
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  23. Retribution and the Theory of Punishment.Hugo Adam Bedau - 1978 - 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 justifying (...)
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  24. An Approach to the Problems of Punishment.S. I. Benn - 1958 - Philosophy 33 (127):325 - 341.
    I SHALL develop, in this article, certain distinctions suggested by recent contributions to the philosophical discussion of punishment, which help to clarify the issues involved. Having separated out what I consider the four central philosophical questions, I shall suggest an approach to them, which, while mainly utilitarian, takes due account, I believe, of the retributivist case where it is strongest, and meets the main retributivist objections.
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  25. The Apology Ritual: A Philosophical Theory of Punishment.Christopher Bennett - 2008 - Cambridge University Press.
    Christopher Bennett presents a theory of punishment grounded in the practice of apology, and in particular in reactions such as feeling sorry and making amends. He argues that offenders have a 'right to be punished' - that it is part of taking an offender seriously as a member of a normatively demanding relationship that she is subject to retributive attitudes when she violates the demands of that relationship. However, while he claims that punishment and the retributive attitudes are the necessary (...)
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  26. State Denunciation of Crime.Christopher Bennett - 2006 - Journal of Moral Philosophy 3 (3):288-304.
    In this paper I am concerned with a problem for communicative theories of punishment. On such theories, punishment is justified at least in part as the authoritative censure or condemnation of crime. But is this compatible with a broadly liberal political outlook? For while liberalism is generally thought to take only a very limited interest in its citizens’ attitudes (seeing moral opinion as a matter of legitimate debate), the idea of state denunciation of crime seems precisely to be focused on (...)
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  27. Punishment, Moral Community and Moral Argument: A Review of R.A. Duff,Punishment, Communication and Communityand Matt Matravers,Justice and Punishment: The Rationale of Coercion. [REVIEW]Christopher Bennett - 2001 - Critical Review of International Social and Political Philosophy 4 (3):101-119.
  28. R. A. Duff, Lindsay Farmer, S. E. Marshall, Massimo Renzo, and Victor Tadros: The Boundaries of the Criminal Law. [REVIEW]Vera Bergelson - 2013 - Criminal Law and Philosophy 7 (2):383-387.
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  29. Some Familial Problems in the Retributivist Theory.Juan Manuel Pérez Bermejo - 2012 - Teorema: International Journal of Philosophy 31 (2):95-107.
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  30. Revisionism and Desert.Lene Bomann-Larsen - 2010 - Criminal Law and Philosophy 4 (1):1-16.
    Revisionists claim that the retributive intuitions informing our responsibility-attributing practices are unwarranted under determinism, not only because they are false, but because if we are all victims of causal luck, it is unfair to treat one another as if we are deserving of moral and legal sanctions. One revisionist strategy recommends a deflationary concept of moral responsibility, and that we justify punishment in consequentialist rather than retributive terms. Another revisionist strategy recommends that we eliminate all concepts of guilt, blame and (...)
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  31. Why We Ought to Be (Reasonable) Subjectivists About Justification.Andrew Botterell - 2007 - Criminal Justice Ethics 26 (1):36-58.
    My aim in this paper is to argue that justification should not be conceived of in purely objective terms. In arguing for that conclusion I focus in particular on Paul Robinson’s presentation of that position, since it is the most sophisticated defense of the objective account of justification in the literature. My main point will be that the distinction drawn by robinson between objective and subjective accounts of justification is problematic, and that careful attention to the role played by reasonableness (...)
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  32. Communication, Punishment, and Virtue.Richard Bourne - 2014 - Journal of Religious Ethics 42 (1):78-107.
    This essay suggests that while Antony Duff's model of criminal punishment as secular penance is pregnant with possibilities for theological reception and reflection, it proceeds by way of a number of separations that are brought into question by the penitential traditions of Christianity. The first three of these—between justice and mercy, censure and invitation, and state and victim, constrain the true communicative character of his account of punishment. The second set of oppositions, between sacrament and virtue, interior character and external (...)
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  33. A "Rights-Based" Theory of Punishment.James B. Brady - 1987 - Ethics 97 (4):792-795.
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  34. The Rights of the Guilty.Corey Brettschneider - 2007 - Political Theory 35 (2):175-199.
    In this essay I develop and defend a theory of state punishment within a wider conception of political legitimacy. While many moral theories of punishment focus on what is deserved by criminals, I theorize punishment within the specific context of the state’s relationship to its citizens. Central to my account is Rawls’s “liberal principle of legitimacy,” which requires that all state coercion be justifiable to all citizens. I extend this idea to the justification of political coercion to criminals qua citizens. (...)
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  35. The Rights of the Guilty: Punishment and Political Legitimacy.Corey Brettschneider - 2007 - Political Theory 35 (2):175-199.
    In this essay I develop and defend a theory of state punishment within a wider conception of political legitimacy. While many moral theories of punishment focus on what is deserved by criminals, I theorize punishment within the specific context of the state's relationship to its citizens. Central to my account is Rawls's “liberal principle of legitimacy,” which requires that all state coercion be justifiable to all citizens. I extend this idea to the justification of political coercion to criminals qua citizens. (...)
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  36. Restorative Justice and Work-Related Death: Literature Review.Derek R. Brookes - unknown
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  37. Hegel's Political Philosophy: A Systematic Reading of the Philosophy of Right.Thom Brooks - 2013 - Edinburgh University Press.
    A new edition of the first systematic reading of Hegel's political philosophy Elements of the Philosophy of Right is widely acknowledged to be one of the most important works in the history of political philosophy. This is the first book on the subject to take Hegel's system of speculative philosophy seriously as an important component of any robust understanding of this text. Key Features •Sets out the difference between 'systematic' and 'non-systematic' readings of Philosophy of Right •Outlines the unique structure (...)
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  38. Punishment.Thom Brooks - 2012 - Routledge.
    Punishment is a topic of increasing importance for citizens and policy makers. Why should we punish criminals? Which theory of punishment is most compelling? Is the death penalty ever justified? These questions and many others are addressed in this highly engaging guide. Punishment is a critical introduction to the philosophy of punishment offering a new and refreshing approach that will benefit readers of all backgrounds and interests. This is the first critical guide to examine all leading contemporary theories of punishment, (...)
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  39. Punishment and Moral Sentiments.Thom Brooks - 2012 - Review of Metaphysics 66 (2):281-293.
    What is the relationship between our moral sentiments and the justification of punishment? One position is that our moral sentiments provide for punishment’s justification. This article’s focus is on Adam Smith’s theory of punishment and the role that moral sentiments play in this theory. The author argues that commentators have been mistaken to view Smith’s position as essentially retributivist. Instead, Smith defends a unified theory where punishment serves retributivist, deterrent, and rehabilitative goals. The author then concludes with some critical remarks (...)
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  40. Punishment.Thom Brooks - 2010 - Oxford Bibliographies Online.
    The punishment of criminals is a topic of long-standing philosophical interest since the ancient Greeks. This interest has focused on several considerations, including the justification of punishment, who should be permitted to punish, and how we might best set punishments for crimes. This entry focuses on the most important contributions in this field. The focus will be on specific theoretical approaches to punishment including both traditional theories of punishment (retributivism, deterrence, rehabilitation) and more contemporary alternatives (expressivism, restorative justice, hybrid theories, (...)
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  41. Shame on You, Shame on Me? Nussbaum on Shame Punishment.Thom Brooks - 2008 - Journal of Applied Philosophy 25 (4):322-334.
    abstract Shame punishments have become an increasingly popular alternative to traditional punishments, often taking the form of convicted criminals holding signs or sweeping streets with a toothbrush. In her Hiding from Humanity, Martha Nussbaum argues against the use of shame punishments because they contribute to an offender's loss of dignity. However, these concerns are shared already by the courts which also have concerns about the possibility that shaming might damage an offender's dignity. This situation has not led the courts to (...)
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  42. Kantian Punishment and Retributivism: A Reply to Clark.Thom Brooks - 2005 - Ratio 18 (2):237–245.
    In this journal, Michael Clark defends a "A Non-Retributive Kantian Approach to Punishment". I argue that both Kant's and Rawls's theories of punishment are retributivist to some extent. It may then be slightly misleading to say that by following the views of Kant and Rawls, in particular, as Clark does, we can develop a nonretributivist theory of punishment. This matter is further complicated by the fact Clark nowhere addresses Rawls's views on punishment: Rawls endorses a mixed theory combining retributive and (...)
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  43. Retributivist Arguments Against Capital Punishment.Thom Brooks - 2004 - Journal of Social Philosophy 35 (2):188–197.
    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 innocent persons (...)
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  44. Kant's Theory of Punishment.Thom Brooks - 2003 - Utilitas 15 (2):206.
    The most widespread interpretation amongst contemporary theorists of Kant's theory of punishment is that it is retributivist. On the contrary, I will argue there are very different senses in which Kant discusses punishment. He endorses retribution for moral law transgressions and consequentialist considerations for positive law violations. When these standpoints are taken into consideration, Kant's theory of punishment is more coherent and unified than previously thought. This reading uncovers a new problem in Kant's theory of punishment. By assuming a potential (...)
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  45. Social Deprivation and Criminal Justice.Kimberley Brownlee - 2012 - In François Tanguay-Renaud & James Stribopoulos (eds.), Rethinking Criminal Law Theory: New Canadian Perspectives in the Philosophy of Domestic, Transnational, and International Criminal Law. Hart Publishing.
    This article challenges the use of social deprivation as a punishment, and offers a preliminary examination of the human rights implications of exile and solitary confinement. The article considers whether a human right against coercive social deprivation is conceptually redundant, as there are recognised rights against torture, extremely cruel, inhumane, or degrading treatment as well as rights to basic health care, education, and security, which might encompass what this right protects. The article argues that the right is not conceptually redundant, (...)
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  46. Responsibilities of Criminal Justice Officials.Kimberley Brownlee - 2010 - Journal of Applied Philosophy 27 (2):123-139.
    In recent years, political philosophers have hotly debated whether ordinary citizens have a general pro tanto moral obligation to follow the law. Contemporary philosophers have had less to say about the same question when applied to public officials. In this paper, I consider the latter question in the morally complex context of criminal justice. I argue that criminal justice officials have no general pro tanto moral obligation to adhere to the legal dictates and lawful rules of their offices. My claim (...)
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  47. Excusing Necessity and Terror: What Criminal Law Can Teach Constitutional Law. [REVIEW]Alan Brudner - 2009 - Criminal Law and Philosophy 3 (2):147-166.
    This essay proposes a theory of excuse that, without blending it into exculpation, avoids the condonation of crime. The question it takes up is: given that neither compulsion by circumstances nor by human threats removes the legal reason for punishing, how can its exonerating force be rendered compatible with the state’s general duty to punish the guilty? The chapter criticizes various proposals for reconciling excuse with the duty to punish the guilty, including the moral involuntariness theory, the concession to frailty (...)
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  48. Restorative Justice and Punishment.Conrad G. Brunk - 1996 - Dialogue 35 (03):593-.
    In The Practice of Punishment, Wesley Cragg sets out a systematic “restorative” theory of criminal punishment. For him, restorative justice identifies the goal of punishment as “the resolution of disputes to which criminal offenses give rise in ways designed to sustain confidence in the capacity of the law to fulfil its legitimate functions on the part of victims of crime and the public at large”.
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  49. Rights Forfeiture Theorists Should Embrace the Duty View of Punishment.Ben Bryan - 2016 - Australasian Journal of Philosophy 95 (2):317-327.
    In this paper, I bring into conversation with each other two views about the justification of punishment: the rights forfeiture theory and the duty view. I argue that philosophers attracted to the former should instead accept the latter.
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  50. The Harms Beyond Imprisonment: Do We Have Special Moral Obligations Towards the Families and Children of Prisoners?William Bülow - 2014 - Ethical Theory and Moral Practice 17 (4):775-789.
    This paper discusses whether the collateral harm of imprisonment to the close family members and children of prison inmates may give rise to special moral obligations towards them. Several collateral harms, including decreased psychological wellbeing, financial costs, loss of economic opportunities, and intrusion and control over their private lives, are identified. Two competing perspectives in moral philosophy are then applied in order to assess whether the harms are permissible. The first is consequentialist and the second is deontological. It is argued (...)
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