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On Punishment

Analysis 14 (6):133 - 142 (1953)

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  1. Punishment Without Pain. Outline for a Non-Afflictive Definition of Legal Punishment.Gianfranco Pellegrino - forthcoming - Philosophy and Public Issues - Filosofia E Questioni Pubbliche.
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  • A Philosophical Investigation of Punishment.Rebecca Pates - unknown
    Neither currently prevalent justifications of punishment, nor a modified, contractarian version of a justification that I develop here, can be used to justify actual state punishment, even if some forms of punishment may remain legitimate. I argue in this thesis that alternative punitive practices such as developed by some Canadian aboriginal communities are more likely to conform to the criteria of punitive justice developed by standard justifications, as well as being more likely to conform to criteria developed in feminist ethics.
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  • Of Normal Human Sympathies and Clear Consciences: Comments on Hyman Gross’s Crime and Punishment: A Concise Moral Critique.Leo Zaibert - 2016 - Criminal Law and Philosophy 10 (1):91-108.
  • Judging the Goring Ox: Retribution Directed Toward Animals.Geoffrey P. Goodwin & Adam Benforado - 2015 - Cognitive Science 39 (3):619-646.
    Prior research on the psychology of retribution is complicated by the difficulty of separating retributive and general deterrence motives when studying human offenders . We isolate retribution by investigating judgments about punishing animals, which allows us to remove general deterrence from consideration. Studies 2 and 3 document a “victim identity” effect, such that the greater the perceived loss from a violent animal attack, the greater the belief that the culprit deserves to be killed. Study 3 documents a “targeted punishment” effect, (...)
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  • 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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  • Is Penal Substitution Incoherent? An Examination of Mark Murphy's Criticisms.William Lane Craig - 2018 - Religious Studies 54 (4):509-526.
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  • Punishing and Atoning: A New Critique of Penal Substitution.Brent G. Kyle - 2013 - International Journal for Philosophy of Religion 74 (2):201-218.
    The doctrine of penal substitution claims that it was good (or required) for God to punish in response to human sin, and that Christ received this punishment in our stead. I argue that this doctrine’s central factual claim—that Christ was punished by God—is mistaken. In order to punish someone, one must at least believe the recipient is responsible for an offense. But God surely did not believe the innocent Christ was responsible for an offense, let alone the offense of human (...)
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  • Is There a Claim to Deserved Punishment?David Alm - 2014 - Southern Journal of Philosophy 52 (3):403-425.
    In this paper I defend the view that persons have a claim to deserved treatment, including many forms of punishment, against an objection resting on the principle that it is not possible to have a claim to harmful treatment. I do not challenge this principle, but argue, rather, that the harms wrongdoers typically deserve either (a) are not genuine harms at all (for reasons relevant to their being deserved) or (b) are not relevant to the content of these wrongdoers' claims.
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  • Punishment: Consequentialism.David Wood - 2010 - Philosophy Compass 5 (6):455-469.
    Punishment involves deliberating harming individuals. How, then, if at all, is it to be justified? This, the first of three papers on the philosophy of punishment (see also 'Punishment: Nonconsequentialism' and 'Punishment: The Future'), examines attempts to justify the practice or institution according to its consequences. One claim is that punishment reduces crime, and hence the resulting harms. Another is that punishment functions to rehabilitate offenders. A third claim is that punishment (or some forms of punishment) can serve to make (...)
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  • The Criteria of Punishment Some Neglected Considerations.Tziporah Kasachkoff - 1973 - Canadian Journal of Philosophy 2 (3):363 - 377.