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Erin I. Kelly [21]Erin Irene Kelly [1]
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Erin Kelly
University of Colorado, Boulder
Erin Kelly
University of Washington
  1. Criminal Justice without Retribution.Erin I. Kelly - 2009 - Journal of Philosophy 106 (8):440-462.
  2. Stability and Justification in Hume’s Treatise, Another Look- A Response to Erin Kelly, Frederick Schmitt, and Michael Williams.Erin I. Kelly - 2004 - Hume Studies 30 (2):339-404.
    Hume’s moral philosophy is a sentiment-based view. Moral judgment is a matter of the passions; certain traits of character count as virtues or vices because of the approval or disapproval they evoke in us, feelings that express concern we have about the social effects of these traits. A sentiment-based approach is attractive, since morality seems fundamentally to involve caring for other people. Sentiment-based views, however, face a real challenge. It is clear that our affections are often particular; we favor certain (...)
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  3.  60
    The Ethics of Law’s Authority: On Tommie Shelby's, Dark Ghettos: Injustice, Dissent, and Reform.Erin I. Kelly - 2022 - Criminal Law and Philosophy 16 (1):1-12.
    Tommie Shelby argues that social injustice undermines the moral standing states would have, were they just, to condemn criminal wrongdoers. He makes a good argument, but he does not go far enough to reject the blaming function of punishment. Shelby’s argument from “impure dissent,” in particular, helps to demonstrate the limits of blame in criminal justice.
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  4. Injustice and the right to punish.Göran Duus-Otterström & Erin I. Kelly - 2019 - Philosophy Compass 14 (2):e12565.
    Injustice can undermine the standing states have to blame criminal offenders, and this raises a difficulty for a range of punishment theories that depend on a state's moral authority. When a state lacks the moral authority that flows from political legitimacy, its right to punish criminal lawbreakers cannot depend on a systematic claim about the legitimacy of the law. Instead, an unjust state is permitted to punish only criminal acts whose wrongness is established directly by morality, and only when criminal (...)
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  5.  74
    The Historical Injustice Problem for Political Liberalism.Erin I. Kelly - 2017 - Ethics 128 (1):75-94.
    Liberal political philosophers have underestimated the philosophical relevance of historical injustice. For some groups, injustices from the past—particularly surrounding race, ethnicity, or religion—are a source of entrenched social inequality decades or even hundreds of years later. Rawls does not advocate the importance of redressing historical injustice, yet political liberalism needs a principle of historical redress. Rawls’s principle of fair equality of opportunity, which is designed to prevent the leveraging of class privilege, could be paired with a supporting principle of historical (...)
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  6.  34
    Desert and Fairness in Criminal Justice.Erin I. Kelly - 2012 - Philosophical Topics 40 (1):63-77.
    Moral condemnation has become the public narrative of our criminal justice practices, but the distribution of criminal sanctions is not and should not be guided by judgments of what individual wrongdoers morally deserve. Criteria for evaluating a person’s liability to criminal sanctions are general standards that are influenced by how we understand the relative social urgency and priority of reducing crimes of various types. These standards thus depend on considerations that are not a matter of individual moral desert. Furthermore, the (...)
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  7.  12
    Comments on Gideon Yaffe, The Age of Culpability: Children and the Nature of Criminal Responsibility.Erin I. Kelly - 2020 - The Journal of Ethics 24 (3):281-286.
    Gideon Yaffe argues that children should be treated as less culpable by the criminal justice system because children have little political say over the law. I analyze several elements of Yaffe’s argument and express qualified agreement with his thesis. Though I reject the role he assigns to the notions of desert and legal reasons, I agree that people who lack political power are less accountable to the criminal justice system’s legal authorities.
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  8. A symposium on Louis E. Loeb, Stability and justification in Hume's treatise.Michael Williams, Frederick F. Schmitt, Erin I. Kelly & Louis E. Loeb - 2004 - Hume Studies 30 (2):265-404.
  9. Ethical disagreement in theory and practice.Erin I. Kelly - 2005 - Journal of Social Philosophy 36 (3):382–387.
  10.  5
    Accountability in criminal justice.Erin I. Kelly - forthcoming - Journal of Social Philosophy.
    Journal of Social Philosophy, EarlyView.
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  11.  50
    From Retributive to Restorative Justice.Erin I. Kelly - 2021 - Criminal Law and Philosophy 15 (2):237-247.
    I am very grateful to Justin Coates, Adina Roskies, and Costanza Porro for their thoughtful and challenging comments on my book, The Limits of Blame: Rethinking Punishment and Responsibility. My response is organized around their discussion of four main topics: moral competence, proportionality, restorative justice, and excessive punishment.
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  12.  31
    Is blame warranted in applying justice?Erin I. Kelly - 2023 - Critical Review of International Social and Political Philosophy 26 (1):71-87.
    The belief that people convicted of crimes deserve punishment is commonplace. Yet the punitive conception of individual responsibility commonly associated with ‘just deserts’ exaggerates the moral meaning of criminal guilt, normalizes excessive punishment, and distracts from shared responsibility for social injustice. The problem is, many people who get caught up in the criminal justice system cannot reasonably be thought to deserve their fate. Mental illness, intellectual disability, addiction, trauma, and poverty are morally mitigating factors when it comes to assessing how (...)
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  13. 13 Against Naturalism in Ethics.Erin I. Kelly - 2004 - In Mario De Caro & David Macarthur (eds.), Naturalism in Question. Harvard University Press. pp. 259-274.
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  14.  2
    Inequality, Difference, and Prospects for Democracy.Erin I. Kelly - 2013 - In Jon Mandle & David A. Reidy (eds.), A Companion to Rawls. Hoboken, NJ, USA: Wiley. pp. 312–323.
    Rawls's signature is the thought experiment he introduced to sort out the requirements of justice. Rawls argues that “justice as fairness” will be a form of political liberalism. Rawls claims that under free institutions we should expect “profound and irreconcilable differences” in people's religious and philosophical worldviews, and in people's basic notions of what makes life worth living. In his vision of democracy, the solidarity required to support common political values and egalitarian norms of distributive justice must be built through (...)
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  15.  24
    Law and Institutional Legitimacy in the Practice of Human Rights.Erin I. Kelly - 2017 - Law and Philosophy 36 (2):155-168.
    The Heart of Human Rights develops an account of human rights as legal entities that serve important moral purposes in a legitimate international human rights practice. This paper examines Allen Buchanan’s general concept of institutional legitimacy and aims to expand that concept by emphasizing its connection with several ideas developed in the book about the nature and function of a system of international human rights. When it incorporates those ideas, Buchanan’s ‘Metacoordination View’ can be seen to set a standard of (...)
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  16. Non-egalitarian global fairness.Erin I. Kelly & Lionel K. McPherson - 2010 - In Alison M. Jaggar (ed.), Thomas Pogge and His Critics. Polity.
     
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  17.  59
    Prisoner's mistrust.Erin I. Kelly & Lionel K. McPherson - 2007 - Ratio 20 (1):57–70.
    The standard, non‐repeated prisoner's dilemma poses no true dilemma about rationality, we argue. What the prisoners ought rationally to do, unless they are selfless, depends on the relationship of trust that they have or lack with one another. This helps to diffuse the apparent conflict between individual and collective rationality. If the prisoners have reason to trust one another, pursuing a joint strategy would be rational for them. In the absence of trust, pursuing an individual strategy would be rational. The (...)
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  18.  12
    Redress and Reparations for Injurious Wrongs.Erin I. Kelly - 2021 - Law and Philosophy 41 (1):105-125.
    In Recognizing Wrongs, John C. P. Goldberg and Benjamin C. Zipursky develop and defend “civil recourse theory,” according to which torts are injurious wrongs that give rise to a claim of redress. My discussion extends beyond tort law to explore the ethics of reparations for historical injustice, in particular, regarding the case of Black Americans. I begin by relating the notion of wrongdoing that figures prominently in civil recourse theory to morality. Then I explore the idea that the relevant sort (...)
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  19.  28
    Rethinking Criminal Justice.Erin I. Kelly - 2020 - Res Philosophica 97 (2):169-183.
    The punitive, moralizing conception of individual responsibility commonly associated with retributive justice exaggerates the moral meaning of criminal guilt. Criminal guilt does not imply moral desert, nor does it justify moral blame. Mental illness, intellectual disability, addiction, immaturity, poverty, and racial oppression are factors that mitigate our sense of a wrongdoer’s moral desert, though they are mostly not treated by the criminal justice system as relevant to criminal culpability. The retributive theory also distracts from shared responsibility for social injustice. Instead (...)
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  20.  47
    Tolerance: Between Forbearance and Acceptance.Erin I. Kelly - 2003 - Philosophical Review 112 (2):266-269.
    Multiculturalism is not a flag that political philosophers seem eager to wave these days. Conservatives complain about the supposedly hazardous effects of the notion that non-Western societies have ideas and ways of life that are worthy enough to compete with those of Western societies for study and respect. Progressives worry that multiculturalism can be too uncritical of certain non-Western attitudes, especially about the nature and role of women. Perhaps this helps to explain why Hans Oberdiek is reluctant to associate his (...)
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  21. The naturalist gap in ethics.Erin I. Kelly & Lionel K. McPherson - 2010 - In Mario de Caro & David Macarthur (eds.), Naturalism and Normativity. Columbia University Press.
     
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