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History/traditions: Punishment

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  1. What Is Punishment?Frej Klem Thomsen - manuscript
    Since the middle of the 20th century, philosophers and legal scholars have debated the precise definition of punishment. This chapter surveys the debate, identifies six potential conditions of punishment, and critically reviews each of them: 1) the response condition, which holds that punishment must be in response to wrongdoing, 2) the culpability condition, which holds that punishment must be of a person morally responsible for wrongdoing, 3) the authority condition, which holds that punishment must be imposed by a relevant authority, (...)
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  2. 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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  3. Free Will Denial, Punishment, and Original Position Deliberation.Benjamin Vilhauer - manuscript
    I defend a deontological social contract justification of punishment for free will deniers. Even if nobody has free will, a criminal justice system is fair to the people it targets if we would consent to it in a version of original position deliberation (OPD) where we assumed that we would be targeted by the justice system when the veil is raised. Even if we assumed we would be convicted of a crime, we would consent to the imprisonment of violent criminals (...)
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  4. Does Predictive Sentencing Make Sense?Clinton Castro, Alan Rubel & Lindsey Schwartz - forthcoming - Inquiry: An Interdisciplinary Journal of Philosophy.
    This paper examines the practice of using predictive systems to lengthen the prison sentences of convicted persons when the systems forecast a higher likelihood of re-offense or re-arrest. There has been much critical discussion of technologies used for sentencing, including questions of bias and opacity. However, there hasn’t been a discussion of whether this use of predictive systems makes sense in the first place. We argue that it does not by showing that there is no plausible theory of punishment that (...)
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  5. Kant on Punishment & Poverty.Nicholas Hadsell - forthcoming - Southern Journal of Philosophy.
    I offer a Kantian argument for the idea that the state lacks the authority to punish neglected, impoverished citizens when they commit crimes to cope with that neglect. Given Kant’s own commitments to the value of external freedom and the state’s obligation to ensure it in Doctrine of Right, there is no reason a Kantian state can claim authority to punish an impoverished citizen while also failing in significant ways to protect her external freedom.
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  6. Derk Pereboom, Wrongdoing & the Human Emotions. New York: Oxford University Press. 224pp. ISBN: 978-0198903789. US $25.00 (Pbk). [REVIEW]Stephen Kershnar - forthcoming - Journal of Value Inquiry.
    Derk Pereboom’s book, Wrongdoing & the Human Emotions, addresses how we ought to respond to wrongdoing given the lack of basic-desert moral responsibility, falsity of retributivism, and the metaphysical and moral problems with moral anger. The book is outstanding. Pereboom’s arguments are important, interesting, powerful, and very well-written. Despite this, his specific arguments fail because basic-desert responsibility-skepticism makes non-consequentialism is false.
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  7. 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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  8. Let’s forget about forfeiture.Cristián Rettig - forthcoming - Jurisprudence.
    The forfeiture thesis is posed as an independent thesis in moral philosophy according to which agents forfeit (or lose) rights if they perform certain act-types. According to many, this thesis plays a crucial role in the justification of (legal) punishment. In this paper, I argue that the forfeiture thesis is unnecessary – we can simply dismiss it without any substantive loss. Echoing an aspect of the specificationist approach to rights, the reason is that we may replace the forfeiture thesis with (...)
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  9. Blame, punishment and intermediate options.Martin Smith - forthcoming - Edinburgh Law Review.
    In this paper I explore some ideas inspired by Federico Picinali’s Justice In-Between: A Study of Intermediate Criminal Verdicts. Picinali makes a case for the introduction of intermediate options in criminal trials – verdicts with consequences that are harsher than an acquittal, but not so harsh as a conviction. From a certain perspective, the absence of intermediate options in criminal trials is puzzling – out of kilter with much of our everyday decision-making and, perhaps, with the recommendations of expected utility (...)
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  10. 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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  11. Making Punishment Safe: Adding an Anti-Luck Condition to Retributivism and Rights Forfeiture.J. Spencer Atkins - 2024 - Law, Ethics and Philosophy:1-18.
    Retributive theories of punishment argue that punishing a criminal for a crime she committed is sufficient reason for a justified and morally permissible punishment. But what about when the state gets lucky in its decision to punish? I argue that retributive theories of punishment are subject to “Gettier” style cases from epistemology. Such cases demonstrate that the state needs more than to just get lucky, and as these retributive theories of punishment stand, there is no anti-luck condition. I’ll argue that (...)
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  12. A Fairness-Based Defense of Non-Punitive Responses to Crime.Giorgia Brucato & Perica Jovchevski - 2024 - Diametros 21 (79):40-55.
    In this paper, we offer a defense of non-punitive measures as morally justified responses to crime within a framework of society as a fair system of cooperation among free and equal individuals. Our argument proceeds in three steps. First, we elaborate on the premises of our argument: we situate criminal acts within a model of society as a fair system of cooperation, identify the types of unfair disadvantages crimes bring about, and consider the social aim of the criminal justice system. (...)
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  13. P.F. Strawson on Punishment and the Hypothesis of Symbolic Retribution.Arnold Burms, Stefaan E. Cuypers & Benjamin de Mesel - 2024 - Philosophy (2):165-190.
    Strawson's view on punishment has been either neglected or recoiled from in contemporary scholarship on ‘Freedom and Resentment’ (FR). Strawson's alleged retributivism has made his view suspect and troublesome. In this article, we first argue, against the mainstream, that the punishment passage is an indispensable part of the main argument in FR (section 1) and elucidate in what sense Strawson can be called ‘a retributivist’ (section 2). We then elaborate our own hypothesis of symbolic retribution to explain the continuum between (...)
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  14. The Abolition of Punishment: Is a Non-Punitive Criminal Justice System Ethically Justified?Przemysław Zawadzki - 2024 - Diametros 21 (79):1-9.
    Punishment involves the intentional infliction of harm and suffering. Both of the most prominent families of justifications of punishment – retributivism and consequentialism – face several moral concerns that are hard to overcome. Moreover, the effectiveness of current criminal punishment methods in ensuring society’s safety is seriously undermined by empirical research. Thus, it appears to be a moral imperative for a modern and humane society to seek alternative means of administering justice. The special issue of Diametros “The Abolition of Punishment: (...)
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  15. Crime & Punishment: A Rethink.Ognjen Arandjelović - 2023 - Philosophies 8 (3):47.
    Incarceration remains the foremost form of sentence for serious crimes in Western democracies. At the same time, the management of prisons and of the prison population has become a major real-world challenge, with growing concerns about overcrowding, the offenders’ well-being, and the failure of achieving the distal desideratum of reduced criminality, all of which have a moral dimension. In no small part motivated by these practical problems, the focus of the present article is on the ethical framework that we use (...)
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  16. Reasons to Punish Autonomous Robots.Zac Cogley - 2023 - The Gradient 14.
    I here consider the reasonableness of punishing future autonomous military robots. I argue that it is an engineering desideratum that these devices be responsive to moral considerations as well as human criticism and blame. Additionally, I argue that someday it will be possible to build such machines. I use these claims to respond to the no subject of punishment objection to deploying autonomous military robots, the worry being that an “accountability gap” could result if the robot committed a war crime. (...)
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  17. Revue du livre : Diangitukwa et Siadous, Les prisons sont-elles utiles? [REVIEW]Ignace Haaz - 2023 - Journal of Ethics in Higher Education (2):169–189.
    Le contexte des prisons africaines offre amplement matière à revisiter l’idée classique de l’inutilité de certaines criminalisations. Dans un monde plus que jamais dominé par le spectacle des châtiments et des modèles de justice expéditives, il est bienvenu de replacer le rôle de l’éducation dans la prison, puisque tout détenu emprisonné, aussi démuni et à plaindre soit-il, est riche de son temps, et capable de résilience et de perfectionnement. Encore faut-il, sous peine de paraître très idéaliste, dessiner de manière convaincante (...)
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  18. A Christian Ethics of Blame: Or, God says, "Vengeance is Mine".Robert J. Hartman - 2023 - Religious Studies:1-16.
    There is an ethics of blaming the person who deserves blame. The Christian scriptures imply the following no-vengeance condition: a person should not vengefully overtly blame a wrongdoer even if she gives the wrongdoer the exact negative treatment that he deserves. I explicate and defend this novel condition and argue that it demands a revolution in our blaming practices. First, I explain the no-vengeance condition. Second, I argue that the no-vengeance condition is often violated. The most common species of blame (...)
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  19. Let's Not Do Responsibility Skepticism.Ken M. Levy - 2023 - Journal of Applied Philosophy 40 (3):458-73.
    I argue for three conclusions. First, responsibility skeptics are committed to the position that the criminal justice system should adopt a universal nonresponsibility excuse. Second, a universal nonresponsibility excuse would diminish some of our most deeply held values, further dehumanize criminals, exacerbate mass incarceration, and cause an even greater number of innocent people (nonwrongdoers) to be punished. Third, while Saul Smilansky's ‘illusionist’ response to responsibility skeptics – that even if responsibility skepticism is correct, society should maintain a responsibility‐realist/retributivist criminal justice (...)
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  20. Mechanical Choices: A Compatibilist Libertarian Response.Christian List - 2023 - Criminal Law and Philosophy:1-23.
    Michael S. Moore defends the ideas of free will and responsibility, especially in relation to criminal law, against several challenges from neuroscience. I agree with Moore that morality and the law presuppose a commonsense understanding of humans as rational agents, who make choices and act for reasons, and that to defend moral and legal responsibility, we must show that this commonsense understanding remains viable. Unlike Moore, however, I do not think that classical compatibilism, which is based on a conditional understanding (...)
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  21. The Role of Economic Goods in National Reconciliation: Evaluating South Africa and Colombia.Thaddeus Metz - 2023 - In David Bilchitz & Raisa Cachalia (eds.), Transitional Justice, Distributive Justice, and Transformative Constitutionalism: Comparing Colombia and South Africa. Oxford University Press. pp. 33-53.
    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 regarding how they have sought to allocate economic goods. Here I appraise the ways that South Africa and Colombia have responded to their respective historical conflicts in respect of the distribution of property and opportunities. I do so in the light of a conception of reconciliation informed by a relational ethic of harmony, a (...)
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  22. Holding Responsible in the African Tradition: Reconciliation Applied to Punishment, Compensation, and Trials.Thaddeus Metz - 2023 - In Maximilian Kiener (ed.), The Routledge Handbook of Philosophy of Responsibility. Abingdon, Oxon: Routledge. pp. 380-392.
    When it comes to how to hold people responsible for wrongdoing, much of the African philosophical tradition focuses on reconciliation as a final aim. This essay expounds an interpretation of reconciliation meant to have broad appeal, and then draws out its implications for responsibility in respect to three matters. First, when it comes to criminal justice, prizing reconciliation entails that offenders should be held responsible to “clean up their own mess,” i.e., to reform their characters and compensate victims in ways (...)
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  23. Economic Goods and Communitarian Values.Thaddeus Metz & Nathalia Bautista - 2023 - In David Bilchitz & Raisa Cachalia (eds.), Transitional Justice, Distributive Justice, and Transformative Constitutionalism: Comparing Colombia and South Africa. Oxford University Press. pp. 76-85.
    In contributions elsewhere to this volume, we considered the histories of Colombia and South Africa and how some of the values indigenous to those locales might plausibly bear on transitional justice in them. We advanced broadly relational and constructive (non-retributive) approaches to the social conflicts that had taken place there, ones that make victim compensation central. In this chapter we consider how Metz’s ubuntu-based reconciliatory approach to reparations might be relevant to Colombia in ways he did not consider, after which (...)
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  24. Sidgwick on Free Will and Ethics.Anthony Skelton - 2023 - In Maximilian Kiener (ed.), The Routledge Handbook of Philosophy of Responsibility. Abingdon, Oxon: Routledge. pp. 82-94.
    In The Methods of Ethics, Henry Sidgwick maintains that resolution of the free will problem is of “limited” importance to ethics and to practical reasoning. Despite the view’s uniqueness, surprisingly little sustained attention has been paid to Sidgwick’s view. This chapter tries to remedy this situation. Part one clarifies Sidgwick’s argument for the claim that resolving the free will controversy is of only limited importance to ethics. Part two examines and tries to deflect objections to Sidgwick’s position raised by J. (...)
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  25. Review of Daniel Dennett and Gregg D. Caruso Just Deserts: Debating Free Will[REVIEW]Robert H. Wallace - 2023 - Journal of Moral Philosophy 20 (1-2):182-185.
    This is a review of Daniel Dennett and Gregg D. Caruso's Just Deserts: Debating Free Will.
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  26. What Does it Mean to Say “The Criminal Justice System is Racist”?Amelia M. Wirts - 2023 - American Philosophical Quarterly 60 (4):341-354.
    This paper considers three possible ways of understanding the claim that the American criminal justice system is racist: individualist, “patterns”-based, and ideology-based theories of institutional racism. It rejects an individualist explanation of institutional racism because such an explanation fails to explain the widespread prevalence of anti-black racism in this system or indeed in the United States. It considers a “patterns” account of institutional racism, where consistent patterns of disparate racial effect mimic the structure of intentional projects of racial subjugation like (...)
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  27. Lowering the Boom: A Brief for Penal Leniency.Benjamin S. Yost - 2023 - Criminal Law and Philosophy 17 (2):251-270.
    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). 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 (...)
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  28. Capital Punishment.Benjamin S. Yost - 2023 - In Mortimer Sellars & Stephan Kirste (eds.), Encyclopedia of the Philosophy of Law and Social Philosophy. Dordrecht: Springer. pp. 1-9.
    Capital punishment—the legally authorized killing of a criminal offender by an agent of the state for the commission of a crime—stands in special need of moral justification. This is because execution is a particularly severe punishment. Execution is different in kind from monetary and custodial penalties in an obvious way: execution causes the death of an offender. While fines and incarceration set back some of one’s interests, death eliminates the possibility of setting and pursuing ends. While fines and incarceration narrow (...)
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  29. Precis of Rejecting Retributivism: Free Will, Punishment, and Criminal Justice.Gregg D. Caruso - 2022 - Journal of Legal Philosophy 2 (46):120-125.
  30. Retributivism, Free Will, and the Public Health-Quarantine Model.Gregg D. Caruso - 2022 - In Matthew C. Altman (ed.), The Palgrave Handbook on the Philosophy of Punishment. Palgrave-Macmillan.
    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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  31. 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.
  32. Learning to Discriminate: The Perfect Proxy Problem in Artificially Intelligent Criminal Sentencing.Benjamin Davies & Thomas Douglas - 2022 - 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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  33. 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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  34. The Inherent Problem with Mass Incarceration.Raff Donelson - 2022 - Oklahoma Law Review 75 (1):51-67.
    For more than a decade, activists, scholars, journalists, and politicians of various stripes have been discussing and decrying mass incarceration. This collection of voices has mostly focused on contingent features of the phenomenon. Critics mention racial disparities, poor prison conditions, and spiraling costs. Some critics have alleged broader problems: they have called for an end to all incarceration, even all punishment. Lost in this conversation is a focus on what is inherently wrong with mass incarceration specifically. This essay fills that (...)
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  35. 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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  36. Language shapes children’s attitudes: Consequences of internal, behavioral, and societal information in punitive and nonpunitive contexts.James P. Dunlea & Larisa Heiphetz - 2022 - Journal of Experimental Psychology: General 151 (6):1233-1251.
    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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  37. Reforming responsibility practices without skepticism.Marcelo Fischborn - 2022 - Philosophical Psychology (NA):1-17.
    Derk Pereboom and Gregg Caruso argue that humans are never morally responsible for their actions and take that thesis as a starting point for a project whose ultimate goal is the reform of responsibility practices, which include expressions of praise, blame, and the institution of legal punishment. This paper shares the skeptical concern that current responsibility practices can be suboptimal and in need of change, but argues that a non-skeptical pursuit of those changes is viable and more promising. The main (...)
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  38. The Real-Life Issue of Prepunishment.Preston Greene - 2022 - Social Theory and Practice 48 (3):507-523.
    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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  39. Against Legal Punishment.Nathan Hanna - 2022 - In Matthew C. Altman (ed.), The Palgrave Handbook on the Philosophy of Punishment. Palgrave-Macmillan. pp. 559-78.
    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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  40. 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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  41. Public Reason and the Justification of Punishment.Zachary Hoskins - 2022 - Criminal Justice Ethics 41 (2):121-141.
    Chad Flanders has argued that retributivism is inconsistent with John Rawls’s core notion of public reason, which sets out those considerations on which legitimate exercises of state power can be based. Flanders asserts that retributivism is grounded in claims about which people can reasonably disagree and are thus not suitable grounds for public policy. This essay contends that Rawls’s notion of public reason does not provide a basis for rejecting retributivist justifications of punishment. I argue that Flanders’s interpretation of public (...)
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  42. Mitä merkitystä rangaistuksella on?Antti Kauppinen - 2022 - 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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  43. Proportionality Collapses: The Search for an Adequate Equation for Proportionality.Stephen Kershnar - 2022 - In Matthew C. Altman (ed.), The Palgrave Handbook on the Philosophy of Punishment. Palgrave-Macmillan. pp. 397-418.
    In punishment, proportionality is the systematic mathematical relationship between the significance of the wrongdoing and the amount of punishment that may be imposed on the wrongdoer. In this chapter, Kershnar argues that there is no adequate equation for proportionality. The lack of an adequate equation rests on intuitions and the absence of a shared metric. If there is no equation for proportionality, then there is no proportionality. This is because if there is no equation for proportionality, then there is no (...)
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  44. 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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  45. 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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  46. 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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  47. Addressing the Past: Time, Blame and Guilt.Edgar Phillips - 2022 - International Journal of Philosophical Studies 30 (3):219-238.
    Time passed after the commission of a wrong can affect how we respond to its agent now. Specifically it can introduce certain forms of complexity or ambivalence into our blaming responses. This paper considers how and why time might matter in this way. I illustrate the phenomenon by looking at a recent real-life example, surveying some responses to the case and identifying the relevant forms of ambivalence. I then consider a recent account of blameworthiness and its development over time that (...)
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  48. Introduction to Conflict and Resolution: The Ethics of Forgiveness, Revenge and Punishment.Paula Satne & Krisanna M. Scheiter - 2022 - In Paula Satne & Sheiter Krisanna (eds.), Conflict and Resolution: The Ethics of Forgiveness, Revenge and Punishment. Switzerland: pp. 1-17.
    The editors of the volume, Krisanna Scheiter and Paula Satne, introduce some of the central themes in the book and briefly summarise the content of the different chapters. The chapters examine the merits and pitfalls of common reactive attitudes to wrongdoing, such as anger, hatred, resentment, and forgiveness, taking into account both historical perspectives and contemporary debates. The introduction explains some of the philosophical debates about the nature and the desirability of anger, and the alleged distinction between revenge and punishment (...)
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  49. Conflict and Resolution: The Ethics of Forgiveness, Revenge, and Punishment.Krisanna M. 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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  50. Los elementos constitutivos del concepto de pena natural.Manuel Francisco Serrano - 2022 - Política Criminal 17 (34):856-884.
    El trabajo consiste en una elucidación de los elementos que conforman el concepto de pena natural (poena naturalis) en el Derecho penal. Se puede caracterizar la pena natural como el daño o sufrimiento que recae sobre el autor de un delito, producto de la comisión del mismo, que debe ser descontado de la pena legal que ha de aplicársele. Si bien existe un mínimo acuerdo sobre esto, tanto en la jurisprudencia como en la doctrina penal se observan serios desacuerdos acerca (...)
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