Philosophy &Public Affairs, Volume 47, Issue 2, Page 208-254, Spring 2019.

The proposal that the criminal justice system should focus on rehabilitation – rather than retribution, deterrence, or expressive denunciation – is among the least popular ideas in legal philosophy. Foremost among rehabilitation’s alleged weaknesses is that it views criminals as blameless patients to be treated, rather than culpable moral agents to be held accountable. This article offers a new interpretation of the rehabilitative approach that is immune to this objection and that furnishes the moral foundation that this approach has lacked. (...) The view rests on the principle that moral agents owe it to one another to maintain the dependability of their moral capacities. Agents who culpably commit criminal wrongs, however, betray an unacceptable degree of moral unreliability. Punishment, on this theory, consists in the enforcement of the duties that offenders have to reduce their own likelihood of recidivism. (shrink)

Journal of Political Philosophy, EarlyView.

Journal of Political Philosophy, EarlyView.

Journal of Political Philosophy, EarlyView.

Journal of Political Philosophy, EarlyView.

In this introduction, we provide a brief overview of the debate on religion in political philosophy. We present the main arguments defended by Cécile Laborde in Liberalism’s Religion and explain how these arguments contribute to the debate.

Should governments pay ransoms to terrorist organisations that unjustly kidnap their citizens? The United Kingdom and the United States refuse to negotiate with terrorist groups that kidnap and threaten to kill their people. In contrast, continental European countries, such as France and Germany, have regularly paid ransoms to rescue hostages. Who is right? This debate has raged in the public domain in recent years, but no sustained attempt has been made to subject the matter to philosophical scrutiny. This article explores (...) this issue, focusing on the case of ransom payments to terrorist organisations. It contends that the state's duty to protect its citizens from murder grounds a defeasible obligation to pay ransoms. It considers the objection that a policy of paying ransoms endangers citizens abroad by increasing the likelihood of future kidnappings, and it explains why this objection is not sufficiently weighty. It then identifies a more powerful objection: namely, that a state's payment of ransoms makes the state complicit in the serious injustices that its ransom payments fund. It concludes that unless states can offset their contributions to such injustices, paying ransoms is wrong. (shrink)

Why, exactly, should we punish children who commit crimes more leniently than adults who commit the same offenses? Gideon Yaffe thinks it is because they cannot vote, and so the strength of their reasons to obey the law is weaker than if they could. They are thus less culpable when they disobey. This argument invites an obvious objection: why not simply enfranchise children, thereby granting them legal reasons that are the same strength as enfranchised adults, and so permitting similarly severe (...) punishment? Yaffe answers this question by arguing that child enfranchisement would objectionably undermine the values of political equality and self-government. This article explores some serious doubts about these arguments. It closes by questioning Yaffe’s reliance on a retributivist theory of punishment, contending that, once we reject retributivism in favor of more humane and productive alternatives, the thesis that child criminals deserve a break—which Yaffe assumes to be undeniably correct—becomes less plausible. (shrink)