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  1.  17
    Transitional Justice and Retributive Justice.Patrick Lenta - 2019 - Ethical Theory and Moral Practice 22 (2):385-398.
    Many people have the intuition that the failure to impose punishment on perpetrators of such serious human rights violations as murder, torture and rape that occurred in the course of violent conflict preceding a society’s transition from authoritarianism to democracy amounts to an injustice. This intuition is to an appreciable extent accounted for by the retributivist outlook of a high proportion of those who share it. Colleen Murphy, however, though she accepts that retributivism may justify punishment of offenders in stable (...)
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  2. A Sporting Dilemma and its Jurisprudence.Patrick Lenta & Simon Beck - 2006 - Journal of the Philosophy of Sport 33 (2):125-143.
    Our purpose in this article is to draw attention to a connection that obtains between two dilemmas from two separate spheres: sports and the law. It is our contention that umpires in the game of cricket may face a dilemma that is similar to a dilemma confronted by legal decision makers and that comparing the nature of the dilemmas, and the arguments advanced to solve them, will serve to advance our understanding of both the law and games.
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  3.  41
    Freedom of Conscience and the Value of Personal Integrity.Patrick Lenta - 2016 - Ratio Juris 29 (2):246-263.
    Certain philosophers have argued in favour of recognising a right to freedom of conscience that includes a defeasible right of individuals to live in accordance with their perceived moral duties. This right requires the government to exempt people from general laws or regulations that prevent them from acting consistently with their perceived moral duties. The importance of protecting individuals’ integrity is sometimes invoked in favour of accommodating conscience. I argue that personal integrity is valuable since autonomy, identity and self-respect are (...)
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  4. Corporal Punishment of Children.Patrick Lenta - 2012 - Social Theory and Practice 38 (4):689-716.
    In this paper I consider arguments advanced by supporters of corporal punishment and argue that they have failed to show that this practice is justified on either consequentialist or retributivist grounds. Not only are there alternative punishments that bring about as much (if not more) benefit at a lower cost, but corporal punishment poses a risk of psychological harm to children and violates children’s rights. I conclude that corporal punishment is morally impermissible and that it ought to be criminalized.
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  5. Desert, Justice and Capital Punishment.Patrick Lenta & Douglas Farland - 2008 - Criminal Law and Philosophy 2 (3):273-290.
    Our purpose in this paper is to consider a procedural objection to the death penalty. According to this objection, even if the death penalty is deemed, substantively speaking, a morally acceptable punishment for at least some murderers, since only a small proportion of those guilty of aggravated murder are sentenced to death and executed, while the majority of murderers escape capital punishment as a result of arbitrariness and discrimination, capital punishment should be abolished. Our targets in this paper are two (...)
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  6.  14
    Amnesty and Mercy.Patrick Lenta - 2019 - Criminal Law and Philosophy 13 (4):621-641.
    I assess the justification for the granting of amnesty in the circumstances of ‘transitional justice’ advanced by certain of its supporters according to which this device is morally legitimate because it amounts to an act of mercy. I consider several prominent definitions of ‘mercy’ with a view to determining whether amnesty counts as mercy under each and what follows for its moral status. I argue that amnesty cannot count as mercy under any definition in accordance with which an act or (...)
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  7.  5
    Ignorance‐Based Justifications for Amnesty.Patrick Lenta - forthcoming - Journal of Social Philosophy.
    Journal of Social Philosophy, EarlyView.
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  8.  31
    Is Corporal Punishment Torturous?Patrick Lenta - 2017 - Journal of Applied Philosophy 34 (1):74-88.
    The aim of this article is to determine whether fixed courses of judicial corporal punishment and non-abusive corporal punishment of children amount to torture. I assess the reasons that have been offered for distinguishing fixed courses of JCP from torture and argue that none is successful. I argue that non-consensual JCP that inflicts severe pain is appropriately classifiable as torture, but that JCP that inflicts mild pain and entirely consensual JCP are not torturous. I consider whether any of the reasons (...)
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  9. Howard College Campus.Lenta Patrick, Collier John & Farland Douglas - unknown
    This paper has three parts. You are to do all three parts. Read the instructions for each part carefully. Each part is worth 100 marks. The total value is 300 marks.
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  10. Deane-Peter Baker Lectures in Philosophy at the University of Natal, and is an Editor of Theoria. He is Currently Pursuing PhD Studies Through Macquarie University. Recent Publications Include 'Morality, Structure, Transcendence and Theism: A Response to Melissa Lane's Reading of Charles Taylor's Sources of the Self', Forthcoming in Inter.Jacek Brzozowski, Matthew Festenstein, Marek Kwiek, Patrick Lenta & Christian Miller - forthcoming - Theoria.
     
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  11.  25
    What Conditional Amnesty Is Not.Patrick Lenta - 2009 - Theoria: A Journal of Social and Political Theory 56 (120):44-64.
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  12.  39
    Transitional Justice and the Truth and Reconciliation Commission.Patrick Lenta - 2000 - Theoria 47 (96):52-73.
  13.  18
    TheLex Talionis, the Purgative Rationale, and the Death Penalty.Patrick Lenta - 2015 - Criminal Justice Ethics 34 (1):42-63.
  14.  22
    Do Lawyers Need Philosophy?Patrick Lenta - 2003 - South African Journal of Philosophy 22 (1):82-97.
    Neo- pragmatists Richard Rorty and Stanley Fish have recently argued that philosophy has no consequences for legal practice (except, in the case of Fish, insofar as it carries rhetorical force). They have asserted not only that philosophy cannot provide absolute metaphysical foundations for legal practice, but also that philosophy cannot be used to criticise law. This essay examines Fish and Rorty's reasons for denying the practical force of philosophy. Although I agree with Rorty and Fish's non-foundationalism, I argue that in (...)
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  15.  21
    The Purposes of Torture.Patrick Lenta - 2006 - South African Journal of Philosophy 25 (1):48-61.
    No. South African Journal of Philosophy Vol. 25(1) 2006: 48-61.
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  16.  20
    Justice Without Foundations.Patrick Lenta - 2003 - Theoria 50 (101):109-123.
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