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  1. Punishment Theory’s Golden Half Century: A Survey of Developments From 1957 to 2007.Michael Davis - 2009 - Journal of Ethics 13 (1):73-100.
    This paper describes developments in punishment theory since the middle of the twentieth century. After the mid-1960s, what Stanley I. Benn called "preventive theories of punishment"—whether strictly utilitarian or more loosely consequentialist like his—entered a long and steep decline, beginning with the virtual disappearance of reform theory in the 1970s. Crowding out preventive theories were various alternatives generally categorized as "retributive". These alternatives include both old theories resurrected after many decades in philosophy's graveyard and some new ones. Only in the (...)
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  • Punishment Theory's Golden Half Century: A Survey of Developments From (About) 1957 to 2007. [REVIEW]Michael Davis - 2009 - The Journal of Ethics 13 (1):73 - 100.
    This paper describes developments in punishment theory since the middle of the twentieth century. After the mid–1960s, what Stanley I. Benn called “preventive theories of punishment”—whether strictly utilitarian or more loosely consequentialist like his—entered a long and steep decline, beginning with the virtual disappearance of reform theory in the 1970s. Crowding out preventive theories were various alternatives generally (but, as I shall argue, misleadingly) categorized as “retributive”. These alternatives include both old theories (such as the education theory) resurrected after many (...)
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  • Conscientious Conviction and Conscience.Thomas E. Hill - 2016 - Criminal Law and Philosophy 10 (4):677-692.
    In this paper, I examine critically Kimberley Brownlee’s descriptive criteria for identifying when a person has a conscientious moral conviction. Then, I contrast her conception of conscience with other ideas of conscience, including a religious conception, a relativist conception, and those of Butler and Kant. The concepts examined here are central in her argument that, if civil disobedience is grounded in citizens’ conscience-based conscientious convictions, then it deserves legal and moral protection.
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  • A Non-Retributive Kantian Approach to Punishment.Michael Clark - 2004 - Ratio 17 (1):12–27.