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Patrick Lenta [28]Patrick Joseph Peter Lenta [1]
  1.  61
    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.  32
    Ignorance‐Based Justifications for Amnesty.Patrick Lenta - 2020 - Journal of Social Philosophy 51 (2):283-302.
    Journal of Social Philosophy, EarlyView.
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  3.  77
    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.  49
    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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  5. 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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  6.  21
    Amnesty and Retribution.Patrick Lenta - 2018 - Public Affairs Quarterly 32 (2):119-140.
    This paper addresses the relationship between amnesty granted to perpetrators of serious human rights abuses and retributivism. It rebuts arguments advanced by Dan Markel and Lucy Allais in support of their claim that the granting of conditional amnesty—amnesty in exchange for perpetrators’ confessing to, and disclosing the details of, their wrongdoing—by the South African Truth and Reconciliation Commission (TRC) was consistent with retributivism. Markel contends that conditional amnesty was perfectly in line with recipients’ desert, while Allais submits that the TRC (...)
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  7. 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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  8. 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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  9.  3
    The legal status of infant male circumcision.Patrick Lenta & Jacqui Poltera - 2020 - Australian Journal of Legal Philosophy 45 (1):27-48.
    We present an argument in support of the legal prohibition of infant male circumcision (IMC) in developed Western countries. We submit that all IMC, irrespective of whether the motivation behind it be secular or religious, violates children’s rights to self-determination (autonomy) and bodily integrity and is therefore morally illegitimate. And while IMC’s being morally wrong does not entail that it ought to be criminalised, we contend that it should be legally proscribed so as to protect children against harm and to (...)
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  10.  23
    Post-conflict amnesties and/as plea bargains.Patrick Lenta - 2023 - Journal of Global Ethics 19 (2):188-205.
    I assess the force of a justification for post-conflict amnesties that is aimed at overcoming the most common objection to their conferral: that they entail retributive injustice. According to this justification, retributivists ought to consider amnesties to be justified because they are analogous to plea bargains, and because retributivists need not consider plea bargains to be unacceptable. I argue with reference to the 2001 Timor-Leste immunity scheme that amnesties conditional upon perpetrators’ not only admitting guilt and confessing but also making (...)
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  11.  39
    (1 other version)Law’s forgiveness.Patrick Lenta - 2022 - Jurisprudence 13 (4):689-702.
    My purpose in this paper is to enquire into whether law can forgive. This line of inquiry must be distinguished from other possible avenues of investigation into the relation between law and forgiv...
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  12.  35
    Can transitional amnesties promote restorative justice?Patrick Lenta - 2024 - Critical Review of International Social and Political Philosophy 27 (5):808-834.
    I assess a justification for the granting of transitional amnesties conditional, at the minimum, upon full disclosure of wrongdoing by perpetrators. According to this rationale, such amnesties are morally legitimate because they foster restorative justice. I distinguish between two conceptions of restorative justice that I call the punishment-deprioritizing and punishment-prescribing conceptions. I argue that while conditional amnesties granted to perpetrators of minor offences conditional upon full disclosure, verbal apology and reparations could promote restorative justice well enough to justify them in (...)
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  13. 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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  14.  33
    Amnesties and Forgiveness.Patrick Lenta - 2023 - Journal of Value Inquiry 57 (2):277-294.
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  15.  52
    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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  16.  34
    Forgiving and Forbearing Punishment.Patrick Lenta - 2020 - International Journal of Applied Philosophy 34 (2):201-214.
    Most philosophers who have expressed a view about whether forgiveness is compatible with forgivers’ continuing to punish, or support the punishment of, people who have wronged them hold that forgiveness is compatible with punishing or favouring punishment of wrongdoers. I argue that whether forgiveness entails forbearing punishment depends on which of two senses of forgiveness is operative. On the first, sentiment-based sense of forgiveness as consisting essentially in a change of heart on the part of a victim, a victim can, (...)
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  17.  25
    Is Corporal Punishment Torturous?Patrick Lenta - 2015 - 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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  18.  13
    Jurisprudence in an African Context.Patrick Lenta - 2020 - Philosophia Africana 19 (1):86-100.
  19.  29
    Justice Without Foundations.Patrick Lenta - 2003 - Theoria 50 (101):109-123.
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  20.  60
    Transitional Justice and the Truth and Reconciliation Commission.Patrick Lenta - 2000 - Theoria 47 (96):52-73.
  21.  44
    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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  22.  52
    The Lex Talionis, the Purgative Rationale, and the Death Penalty.Patrick Lenta - 2015 - Criminal Justice Ethics 34 (1):42-63.
    In The Ethics of Capital Punishment: A Philosophical Investigation of Evil and Its Consequences, Matthew Kramer argues that none of the standard rationales used to justify capital punishment successfully vindicates it and that a new justification, the purgative rationale, justifies capital punishment for defilingly evil offenders. In this article, it is argued, first, that a version of retributivism that adheres to the lex talionis as Kramer understands it does seem to call exclusively for the death penalty. Second, it is submitted (...)
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  23.  37
    What Conditional Amnesty Is Not.Patrick Lenta - 2009 - Theoria: A Journal of Social and Political Theory 56 (120):44-64.
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