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Siblings:History/traditions: Punishment

485 found
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  1. The Law From Wergild to the Postmodern: Thinking of Restorative Justice.Chatterjee Subhasis Chattopadhyay - manuscript
    This is part of a proposed monograph on the Law, and jurisprudence and is to be used for understanding punishment through wergild to the early Modern and to even the post-modern. The paper is just a draft and in the future will be published as a monograph.
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  2. Retributivism, Free Will, and the Public Health-Quarantine Model.Gregg D. Caruso - forthcoming - In Palgrave Handbook of the Philosophy of Punishment. London, UK:
    This chapter outlines six distinct reasons for rejecting retributivism, not the least of which is that it’s unclear that agents possess the kind of free will and moral responsibility needed to justify it. It then sketches a novel non-retributive alternative called the public health-quarantine model. The core idea of the model is that the right to harm in self-defense and defense of others justifies incapacitating the criminally dangerous with the minimum harm required for adequate protection. The model also draws on (...)
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  3. Learning to Discriminate: The Perfect Proxy Problem in Artificially Intelligent Criminal Sentencing.Benjamin Davies & Thomas Douglas - forthcoming - In Jesper Ryberg & Julian V. Roberts (eds.), Sentencing and Artificial Intelligence. Oxford: Oxford University Press.
    It is often thought that traditional recidivism prediction tools used in criminal sentencing, though biased in many ways, can straightforwardly avoid one particularly pernicious type of bias: direct racial discrimination. They can avoid this by excluding race from the list of variables employed to predict recidivism. A similar approach could be taken to the design of newer, machine learning-based (ML) tools for predicting recidivism: information about race could be withheld from the ML tool during its training phase, ensuring that the (...)
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  4. Children's and Adults' Views of Punishment as a Path to Redemption.James Dunlea & Larisa Heiphetz - forthcoming - Child Development.
    The current work investigated the extent to which children (N=171 6- to 8-year-olds) and adults (N = 94) view punishment as redemptive. In Study 1, children—but not adults—reported that “mean” individuals became “nicer” after one severe form of punishment (incarceration). Moreover, adults expected “nice” individuals’ moral character to worsen following punishment; however, we did not find that children expected such a change. Study 2 extended these findings by showing that children view “mean” individuals as becoming “nicer” following both severe (incarceration) (...)
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  5. Language Shapes Children’s Attitudes: Consequences of Internal, Behavioral, and Societal Information in Punitive and Non-Punitive Contexts.James Dunlea & Larisa Heiphetz - forthcoming - Journal of Experimental Psychology: General.
    Research has probed the consequences of providing people with different types of information regarding why a person possesses a certain characteristic. However, this work has largely examined the consequences of different information subsets (e.g., information focusing on internal versus societal causes). Less work has compared several types of information within the same paradigm. Using the legal system as an example domain, we provided children (N=198 6- to 8-year-olds) with several types of information—including information highlighting internal moral character, internal biological factors, (...)
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  6. The Real-Life Issue of Prepunishment.Preston Greene - forthcoming - Social Theory and Practice.
    When someone is prepunished, they are punished for a predicted crime they will or would commit. I argue that cases of prepunishment universally assumed to be merely hypothetical—including those in Philip K. Dick’s “The Minority Report”— are equivalent to some instances of the real-life punishment of attempt offenses. This conclusion puts pressure in two directions. If prepunishment is morally impermissible, as philosophers argue, then this calls for amendments to criminal justice theory and practice. At the same time, if prepunishment is (...)
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  7. Against Legal Punishment.Nathan Hanna - forthcoming - In Matthew C. Altman (ed.), Palgrave Handbook on the Philosophy of Punishment. Palgrave.
    I argue that legal punishment is morally wrong because it’s too morally risky. I first briefly explain how my argument differs from similar ones in the philosophical literature on legal punishment. Then I explain why legal punishment is morally risky, argue that it’s too morally risky, and discuss objections. In a nutshell, my argument goes as follows. Legal punishment is wrong because we can never sufficiently reduce the risk of doing wrong when we legally punish people. We can never sufficiently (...)
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  8. Mitä merkitystä rangaistuksella on?Antti Kauppinen - forthcoming - In Rikoksen ja rangaistuksen filosofia.
    On varsin yleisesti hyväksyttyä, että rangaistuksen ilmaisullinen tehtävä - eli se, että se ilmaisee yhteisön paheksuntaa - on yksi sen ominaispiirre. Viime aikoina on kuitenkin esitetty myös kunnianhimoisempia väitteitä siitä, että rangaistuksen voisi oikeuttaa sen ilmaisullisella tehtävällä. Nämä näkemykset ovat myös saaneet runsaasti kritiikkiä. Tässä esseessä kehittelen aiemmin muotoilemaani versiota ekspressiivisestä rangaistusteoriasta, jonka mukaan asenteiden toiminnallinen ilmaisu rankaisemalla on oikeutettua siksi, että muuten rikoksen uhrilla ei ole hänelle kuuluvaa oikeudenhaltijan statusta. Jos ihmisen oikeuksia voi loukata rangaistuksetta, ne jäävät moraaliseksi ihanteeksi (...)
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  9. The Proper Role of Economic Goods in Effecting National Reconciliation: Comparing Colombia and South Africa.Thaddeus Metz - forthcoming - In David Bilchitz & Raisa Cachalia (eds.), Transitional and Distributive Justice in Transformative Constitutionalism: Comparing Colombia and South Africa. Oxford University Press.
    Scholars have compared the transitional justice processes of Colombia and South Africa in some respects, but there has yet to be a systematic moral-philosophical evaluation of them and specifically regarding the way they have sought to allocate economic goods. In this essay, I appraise the ways that South Africa and of Colombia have responded to their respective historical conflicts in respect of the distribution of property, especially land and money, and opportunities such as access to education and job training. I (...)
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  10. Reconciliation in the African Tradition.Thaddeus Metz - forthcoming - In Maximillian Kiener (ed.), Routledge Handbook of Philosophy of Responsibility. Routledge.
    When it comes to how to hold people responsible for wrongdoing, what is salient in the African intellectual tradition is a focus on reconciliation (or restoration of harmony, repair of relationships) as the final aim. I expound an interpretation of reconciliation informed by characteristically sub-Saharan ideas and practices, and then draw out its implications for responsibility in respect to three matters. First, when it comes to criminal justice, I show that it entails that offenders should be held responsible for ‘cleaning (...)
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  11. Economic Goods and the Communitarian Way of Life.Thaddeus Metz & Nathalia Bautista - forthcoming - In David Bilchitz & Raisa Cachalia (eds.), Transitional and Distributive Justice in Transformative Constitutionalism: Comparing Colombia and South Africa. Oxford University Press.
    The contributions elsewhere in this volume from us, Nathalia Bautista and Thaddeus Metz, address the proper way to respond to gross human rights violations, given a Global South context. Specifically, considering the histories of Colombia and South Africa and some of the values indigenous to those locales, respectively, we advance non-individualist and non-retributive approaches to the social conflicts that had taken place there. Broadly speaking, we both advocate relational and constructive forms of transitional justice that make victim compensation central. According (...)
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  12. Coercion and the Neurocorrective Offer.Jonathan Pugh - forthcoming - In David Rhys Birks & Thomas Douglas (eds.), reatment for Crime: Philosophical Essays on Neurointerventions in Criminal Justice. Oxford, UK:
    According to what Douglas calls ‘the consent requirement’, neuro-correctives can only permissibly be provided with the valid consent of the offender who will undergo the intervention. Some of those who endorse the consent requirement have claimed that even though the requirement prohibits the imposition of mandatory neurocorrectives on criminal offenders, it may yet be permissible to offer offenders the opportunity to consent to undergoing such an intervention, in return for a reduction to their penal sentence. I call this the neurocorrective (...)
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  13. Iudicium Ex Machinae – The Ethical Challenges of Automated Decision-Making in Criminal Sentencing.Frej Thomsen - forthcoming - In Julian Roberts & Jesper Ryberg (eds.), Principled Sentencing and Artificial Intelligence. Oxford: Oxford University Press.
    Automated decision making for sentencing is the use of a software algorithm to analyse a convicted offender’s case and deliver a sentence. This chapter reviews the moral arguments for and against employing automated decision making for sentencing and finds that its use is in principle morally permissible. Specifically, it argues that well-designed automated decision making for sentencing will better approximate the just sentence than human sentencers. Moreover, it dismisses common concerns about transparency, privacy and bias as unpersuasive or inapplicable. The (...)
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  14. Free Will Skepticism and Criminals as Ends in Themselves.Benjamin Vilhauer - forthcoming - In Matthew C. Altman (ed.), Palgrave Handbook on the Philosophy of Punishment. New York:
    This chapter offers non-retributive, broadly Kantian justifications of punishment and remorse which can be endorsed by free will skeptics. We lose our grip on some Kantian ideas if we become skeptical about free will, but we can preserve some important ones which can do valuable work for free will skeptics. The justification of punishment presented here has consequentialist features but is deontologically constrained by our duty to avoid using others as mere means. It draws on a modified Rawlsian original position (...)
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  15. On Blame and Punishment: Self-Blame, Other-Blame, and Normative Negligence.Alec Douglas Walen - forthcoming - Law and Philosophy:1-22.
    Punishment should, at least normally, be reserved for blameworthy actions. But to make sense of that claim, we need an account of blame and of why it might license or even call for punishment. Doug Husak, in whose honor this paper is written, rejects quality of will theories of blame as relevant to criminal punishment—what I call ‘criminal blame.’ He offers instead a reason-responsive account of blameworthiness, according to which blame applies to wrongful actions chosen by agents who knew that (...)
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  16. The Erasure of Torture in America.Jessica Wolfendale - forthcoming - Case Western Journal of International Law.
    As several scholars have argued, far from being antithetical to American values, the torture of nonwhite peoples has long been a method through which the United States has enforced (at home and abroad) a conception of what I will call “white moral citizenship." What is missing from this literature, however, is an exploration of the role that the erasure of torture, and the political and public narratives that are used to justify torture, plays in this function. -/- As I will (...)
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  17. Lowering the Boom: A Brief for Penal Leniency.Benjamin S. Yost - forthcoming - Criminal Law and Philosophy:1-20.
    This paper advocates for a general policy of penal leniency: judges should often sentence offenders to a punishment less severe than initially preferred. The argument’s keystone is the relatively uncontroversial Minimal Invasion Principle. MIP says that when more than one course of action satisfies a state’s legitimate aim, only the least invasive is permissibly pursued. I contend that MIP applies in two common sentencing situations. In the first, all sentences within a statutorily specified range are equally proportionate. Here MIP applies (...)
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  18. Fortifying the Self-Defense Justification of Punishment.Cogley Zac - forthcoming - Public Affairs Quarterly 31 (4).
    David Boonin has recently advanced several challenges to the self-defense justification of punishment. Boonin argues that the self-defense justification of punishment justifies punishing the innocent, justifies disproportionate punishment, cannot account for mitigating excuses, and does not justify intentionally harming offenders as we do when we punish them. In this paper, I argue that the self-defense justification, suitably understood, can avoid all of these problems. To help demonstrate the self-defense theory’s attraction, I also develop some contrasts between the self-defense justification, Warren (...)
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  19. Precis of Rejecting Retributivism: Free Will, Punishment, and Criminal Justice.Gregg D. Caruso - 2022 - Journal of Legal Philosophy 2 (46):120-125.
  20. Retributivism, Free Will Skepticism, and the Public Health-Quarantine Model: Replies to Kennedy, Walen, Corrado, Sifferd, Pereboom, and Shaw.Gregg D. Caruso - 2022 - Journal of Legal Philosophy 2 (46):161-216.
  21. Just Pain: Aquinas on the Necessity of Retribution and the Nature of Obligation.William Matthew Diem - 2022 - American Catholic Philosophical Quarterly 96 (1):47-79.
    Although it is common in the Catholic moral tradition to hear punishment spoken of as “just” and demanded by reason, it is remarkably difficult to say why reason demands that malefactors suffer or to articulate what is rendered to whom in punishment. The present essay seeks to fill this lacuna by examining Aquinas’s treatment of punishment. After examining several themes found in his work, the paper will conclude that the conceptual key to the reasonableness of punishment is to be found (...)
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  22. Natural Punishment.Raff Donelson - 2022 - North Carolina Law Review 100 (2):557-600.
    A man, carrying a gun in his waistband, robs a food vendor. In making his escape, the gun discharges, critically injuring the robber. About such instances, it is common to think, “he got what he deserved.” This Article seeks to explore cases like that—cases of “natural punishment.” Natural punishment occurs when a wrongdoer faces serious harm that results from her wrongdoing and not from anyone seeking retribution against her. The Article proposes that U.S. courts follow their peers and recognize natural (...)
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  23. Punitive Intent.Nathan Hanna - 2022 - Philosophical Studies 179 (2):655 - 669.
    Most punishment theorists seem to accept the following claim: punishment is intended to harm the punishee. A significant minority of punishment theorists reject the claim, though. I defend the claim from objections, focusing mostly on recent objections that haven’t gotten much attention. My objective is to reinforce the already strong case for the intentions claim. I first clarify what advocates of the intentions claim mean by it and state the standard argument for it. Then I critically discuss a wide variety (...)
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  24. Why Reconciliation Requires Punishment but Not Forgiveness.Thaddeus Metz - 2022 - In Krisanna Scheiter & Paula Satne (eds.), Conflict and Resolution: The Ethics of Forgiveness, Revenge, and Punishment. Springer. pp. 265-281.
    Adherents to reconciliation, restorative justice, and related approaches to dealing with social conflict are well known for seeking to minimize punishment, in favor of offenders hearing out victims, making an apology, and effecting compensation for wrongful harm as well as victims forgiving offenders and accepting their reintegration into society. In contrast, I maintain that social reconciliation and similar concepts in fact characteristically require punishment but do not require forgiveness. I argue that a reconciliatory response to crime that includes punitive disavowal (...)
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  25. A Reconciliation Theory of State Punishment: An Alternative to Protection and Retribution.Thaddeus Metz - 2022 - Royal Institute of Philosophy Supplement 91:119-139.
    I propose a theory of punishment that is unfamiliar in the West, according to which the state normally ought to have offenders reform their characters and compensate their victims in ways the offenders find burdensome, thereby disavowing the crime and tending to foster improved relationships between offenders, their victims, and the broader society. I begin by indicating how this theory draws on under-appreciated ideas about reconciliation from the Global South, and especially sub-Saharan Africa, and is distinct from the protection and (...)
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  26. How Much Punishment Is Deserved? Two Alternatives to Proportionality.Thaddeus Metz & Mika’il Metz - 2022 - Philosophies 7 (2):1-13.
    When it comes to the question of how much the state ought to punish a given offender, the standard understanding of the desert theory for centuries has been that it should give him a penalty proportionate to his offense, that is, an amount of punishment that fits the severity of his crime. In this article, part of a special issue on the geometry of desert, we maintain that a desert theorist is not conceptually or otherwise required to hold a proportionality (...)
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  27. Two Problems of Moral Luck for Brain‐Computer Interfaces.Daniel J. Miller - 2022 - Journal of Applied Philosophy 39 (2):266-281.
    Brain-computer interfaces (BCIs) are devices primarily intended to allow agents to use prosthetic body parts, wheelchairs, and other mechanisms by forming intentions or performing certain mental actions. In this paper I illustrate how the use of BCIs leads to two unique and unrecognized problems of moral luck. In short, it seems that agents who depend upon BCIs for bodily movement or the use of other mechanisms (henceforth “BCI-agents”) may end up deserving of blame and legal punishment more so than standard (...)
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  28. Conflict and Resolution: The Ethics of Forgiveness, Revenge, and Punishment.Krisanna Scheiter & Paula Satne (eds.) - 2022 - Switzerland: Springer Nature.
    Given the current climate of political division and global conflict it is not surprising that there has been an increasing interest in how we ought to respond to perceived wrongdoing, both personal and political. In this volume, top scholars from around the world contribute all new original essays on the ethics of forgiveness, revenge, and punishment. -/- This book draws on both historical and contemporary debates in order to answer important questions about the nature of forgiveness, the power of apology, (...)
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  29. Blame Without Punishment for Addicts.Prabhpal Singh - 2022 - Philosophia 50 (1):257-267.
    On the moral model of addiction, addicts are morally responsible and blameworthy for their addictive behaviours. The model is sometimes resisted on the grounds that blaming addicts is incompatible with treating addiction in a compassionate and non-punitive way. I argue the moral model is consistent with addressing addiction compassionately and non-punitively and better accounts for both the role of addicts’ agency in the recovery process. If an addict is responsible for their addictive behaviours, and that behaviour is in some way (...)
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  30. Anomalous Alliances: Spinoza and Abolition.Alejo Stark - 2022 - Deleuze and Guatarri Studies 16 (2): 308–330.
    What effects are produced in an encounter between what Gilles Deleuze calls Spinoza’s ‘practical philosophy’ and abolition? Closely following Deleuze’s account of Spinoza, this essay moves from the reifying and weakening punitive moralism of carceral state thought towards a joyful materialist abolitionist ethic. It starts with the three theses for which, Deleuze argues, Spinoza was denounced in his own lifetime: materialism (devaluation of consciousness), immoralism (devaluation of all values) and atheism (devaluation of the sad passions). From these three, it derives (...)
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  31. Paternalism as Punishment.David Birks - 2021 - Utilitas 33 (1):35-52.
    In this article, I argue that even if we hold that at least some paternalistic behaviour is impermissible when directed towards innocent persons, in certain cases, the same behaviour is permissible when directed towards criminal offenders. I also defend the claim that in some cases it is morally preferable to behave paternalistically towards offenders as an alternative to traditional methods of punishment. I propose that the reason paternalistic behaviour is sometimes permissible towards an offender is the same reason that inflicting (...)
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  32. Punishment: A Critical Introduction (2nd Edition).Thom Brooks - 2021 - London: Routledge.
    Punishment is a topic of increasing importance for citizens and policymakers. Why should we punish criminals? Which theory of punishment is most compelling? Is the death penalty ever justified? These questions and many more are examined in this highly engaging and accessible guide. Punishment (2nd edition) is a critical introduction to the philosophy of punishment, offering a new and refreshing approach that will benefit readers of all backgrounds and interests. The first comprehensive critical guide to examine all leading contemporary theories (...)
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  33. Can Capital Punishment Survive If Black Lives Matter?Michael Cholbi & Alex Madva - 2021 - In Michael Cholbi, Brandon Hogan, Alex Madva & Benjamin Yost (eds.), The Movement for Black Lives: Philosophical Perspectives. New York: Oxford University Press.
    Drawing upon empirical studies of racial discrimination dating back to the 1940’s, the Movement for Black Lives platform calls for the abolition of capital punishment. Our purpose here is to defend the Movement’s call for death penalty abolition in terms congruent with its claim that the death penalty in the U.S. is a “racist practice” that “devalues Black lives.” We first sketch the jurisprudential history of race and capital punishment in the U.S., wherein courts have occasionally expressed worries about racial (...)
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  34. The Consequentialist Problem with Prepunishment.Preston Greene - 2021 - Thought: A Journal of Philosophy 10 (3):199-208.
    This paper targets a nearly universal assumption in the philosophical literature: that prepunishment is unproblematic for consequentialists. Prepunishment threats do not deter, as deterrence is traditionally conceived. In fact, a pure prepunishment legal system would tend to increase the criminal disposition of the grudgingly compliant. This is a serious problem since, from many perspectives, but especially from a consequentialist one, a primary purpose of punishment is deterrence. I analyze the decision theory behind pre and postpunishments, which helps clarify both what (...)
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  35. Why Punitive Intent Matters.Nathan Hanna - 2021 - Analysis 81 (3):426-435.
    Many philosophers think that punishment is intentionally harmful and that this makes it especially hard to morally justify. Explanations for the latter intuition often say questionable things about the moral significance of the intent to harm. I argue that there’s a better way to explain this intuition.
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  36. Civil Disobedience, Costly Signals, and Leveraging Injustice.Ten-Herng Lai - 2021 - Ergo: An Open Access Journal of Philosophy 7:1083-1108.
    Civil disobedience, despite its illegal nature, can sometimes be justified vis-à-vis the duty to obey the law, and, arguably, is thereby not liable to legal punishment. However, adhering to the demands of justice and refraining from punishing justified civil disobedience may lead to a highly problematic theoretical consequence: the debilitation of civil disobedience. This is because, according to the novel analysis I propose, civil disobedience primarily functions as a costly social signal. It is effective by being reliable, reliable by being (...)
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  37. Machine See, Machine Do: How Technology Mirrors Bias in Our Criminal Justice System.Patrick K. Lin - 2021 - New Degree Press.
    “When today’s technology relies on yesterday’s data, it will simply mirror our past mistakes and biases.” -/- AI and other high-tech tools embed and reinforce America’s history of prejudice and exclusion — even when they are used with the best intentions. Patrick K. Lin’s Machine See, Machine Do: How Technology Mirrors Bias in Our Criminal Justice System takes a deep and thorough look into the use of technology in the criminal justice system, and investigates the instances of coded bias present (...)
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  38. Recent Work in African Political and Legal Philosophy.Thaddeus Metz - 2021 - Philosophy Compass 16 (9):1-10.
    In this article I critically survey non-edited books on political and legal philosophy that have been composed by those working in the sub-Saharan African tradition and have appeared in print since 2016. These monographs principally address political, distributive, and criminal justice at the domestic level, with this article recounting the essentials of these texts as well as noting prima facie weaknesses in their positions and gaps in current research agendas. My aims are to enable readers to obtain a bird’s-eye picture (...)
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  39. Constitutional Prohibitions of Capital Punishment: For and Against.Cristian Rettig - 2021 - In Javier Cremades & Cristina Hermida (eds.), Encyclopedia of Contemporary Constitutionalism.
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  40. Sexual Crimes and Low Conviction Rates.Lewis D. Ross - 2021 - Public Ethics.
    What should we do about low conviction rates for sexual offences? Much of the discussion focuses on the problem of prosecution: i.e. too few accusations of sexual assault make their way to court. Here, I want to consider the problem from a different angle—namely, what should we do if prosecution rates rise, but conviction rates do not? After all, prosecutions are not an end in themselves. The problem is that too few people who are guilty of sexual assault are being (...)
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  41. Punishing Noncitizens.Bill Wringe - 2021 - Journal of Applied Philosophy 38 (3):384-400.
    In this paper, I discuss a distinctively non-paradigmatic instance of punishment: the punishment of non-citizens. I shall argue that the punishment of non-citizens presents considerable difficulties for one currently popular account of criminal punishment: Antony Duff’s communicative expressive theory of punishment. Duff presents his theory explicitly as an account of the punishment of citizens - and as I shall argue, this is not merely an incidental feature of his account. However, it is plausible that a general account of the criminal (...)
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  42. The Norm Shift Theory of Punishment.Gideon Yaffe - 2021 - Ethics 132 (2):478-507.
    The philosophy of punishment’s focus on the question of justification has left the question of definition neglected. This article explains why there is a need for necessary and sufficient conditions for punishment and offers a new account. Under the theory proposed, to inflict a punishment is to make fewer things permissible for another to do. Since not every such restriction is punishment, an account is offered of the additional conditions needing to be met. One implication of the resulting theory is (...)
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  43. Justice without Retribution: An Epistemic Argument against Retributive Criminal Punishment.Gregg D. Caruso - 2020 - Neuroethics 13 (1):13-28.
    Within the United States, the most prominent justification for criminal punishment is retributivism. This retributivist justification for punishment maintains that punishment of a wrongdoer is justified for the reason that she deserves something bad to happen to her just because she has knowingly done wrong—this could include pain, deprivation, or death. For the retributivist, it is the basic desert attached to the criminal’s immoral action alone that provides the justification for punishment. This means that the retributivist position is not reducible (...)
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  44. Buddhism, Free Will, and Punishment: Taking Buddhist Ethics Seriously.Gregg D. Caruso - 2020 - Zygon 55 (2):474-496.
  45. What Makes a Response to Schoolroom Wrongs Permissible?Helen Brown Coverdale - 2020 - Theory and Research in Education 18 (1):23-39.
    Howard’s moral fortification theory of criminal punishment lends itself to justifying correction for children in schools that is supportive. There are good reasons to include other students in the learning opportunity occasioned by doing right in response to wrong, which need not exploit the wrongdoing student as a mere means. Care ethics can facilitate restorative and problem-solving approaches to correction. However, there are overriding reasons against doing so when this stigmatises the wrongdoing student, since this inhibits their learning. Responses that (...)
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  46. Social Ontology and Social Normativity.Brian Donohue - 2020 - Dissertation, University at Buffalo
    Many recent accounts of the ontology of groups, institutions, and practices have touched upon the normative or deontic dimensions of social reality (e.g., social obligations, claims, permissions, prohibitions, authority, and immunity), as distinct from any specifically moral values or obligations. For the most part, however, the ontology of such socio-deontic phenomena has not received the attention it deserves. In what sense might a social obligation or a claim exist? What is the ontological status of such an obligation (e.g., is it (...)
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  47. The Nature of Punishment Revisited: Reply to Wringe.Nathan Hanna - 2020 - Ethical Theory and Moral Practice 23 (1):89-100.
    This paper continues a debate about the following claim: an agent punishes someone only if she aims to harm him. In a series of papers, Bill Wringe argues that this claim is false, I criticize his arguments, and he replies. Here, I argue that his reply fails.
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  48. Retributivism, Justification and Credence: The Epistemic Argument Revisited.Sofia M. I. Jeppsson - 2020 - Neuroethics 14 (2):177-190.
    Harming other people is prima facie wrong. Unless we can be very certain that doing so is justified under the circumstances, we ought not to do it. In this paper, I argue that we ought to dismantle harsh retributivist criminal justice systems for this reason; we cannot be sufficiently certain that the harm is justified. Gregg Caruso, Ben Vilhauer and others have previously argued for the same conclusion; however, my own version sidesteps certain controversial premises of theirs. Harsh retributivist criminal (...)
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  49. Ends and Means of Transitional Justice (Repr.).Thaddeus Metz - 2020 - In Eric Palmer & Krushil Watene (eds.), Reconciliation, Transitional and Indigenous Justice. Routledge. pp. 27-36.
    Reprint of an article first appearing in the Journal of Global Ethics (2018).
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  50. BCI-Mediated Behavior, Moral Luck, and Punishment.Daniel J. Miller - 2020 - American Journal of Bioethics Neuroscience 11 (1):72-74.
    An ongoing debate in the philosophy of action concerns the prevalence of moral luck: instances in which an agent’s moral responsibility is due, at least in part, to factors beyond his control. I point to a unique problem of moral luck for agents who depend upon Brain Computer Interfaces (BCIs) for bodily movement. BCIs may misrecognize a voluntarily formed distal intention (e.g., a plan to commit some illicit act in the future) as a control command to perform some overt behavior (...)
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