Results for 'Punishment'

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  1.  5
    Michael T. Cahill.Punishment Pluralism - 2011 - In Mark White (ed.), Retributivism: Essays on Theory and Policy. Oxford University Press. pp. 25.
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  2.  18
    Sophisticated retributivism.Hegel On Punishment & A. More - 2011 - In Mark White (ed.), Retributivism: Essays on Theory and Policy. Oxford University Press.
  3. Dorothy E. Roberts.Punishing Drug Addicts Who Have Babies - 2006 - In Elizabeth Hackett & Sally Anne Haslanger (eds.), Theorizing Feminisms: A Reader. Oxford University Press.
     
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  4. Punishment.Thom Brooks - 2012 - New York, NY: Routledge.
    Punishment is a topic of increasing importance for citizens and policy makers. Why should we punish criminals? Which theory of punishment is most compelling? Is the death penalty ever justified? These questions and many others are addressed in this highly engaging guide. Punishment is a critical introduction to the philosophy of punishment offering a new and refreshing approach that will benefit readers of all backgrounds and interests. This is the first critical guide to examine all leading (...)
  5.  79
    Punishment and the Moral Emotions: Essays in Law, Morality, and Religion.Jeffrie G. Murphy - 2012 - New York, US: Oup Usa.
    The essays in this collection explore, from philosophical and religious perspectives, a variety of moral emotions and their relationship to punishment and condemnation or to decisions to lessen punishment or condemnation.
  6. Punishment and Responsibility: Essays in the Philosophy of Law.H. L. A. Hart - 1968 - Oxford University Press.
    This classic collection of essays, first published in 1968, represents H.L.A. Hart's landmark contribution to the philosophy of criminal responsibility and punishment. Unavailable for ten years, this new edition reproduces the original text, adding a new critical introduction by John Gardner, a leading contemporary criminal law theorist.
  7. Punishment, communication and community.Antony Duff - 2002 - In Derek Matravers & Jonathan E. Pike (eds.), Debates in Contemporary Political Philosophy: An Anthology. Routledge, in Association with the Open University.
    The question "What can justify criminal punishment ?" becomes especially insistent at times, like our own, of penal crisis, when serious doubts are raised not only about the justice or efficacy of particular modes of punishment, but about the very legitimacy of the whole penal system. Recent theorizing about punishment offers a variety of answers to that question-answers that try to make plausible sense of the idea that punishment is justified as being deserved for past crimes; (...)
     
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  8. Punishment.Thom Brooks - 2010 - Oxford Bibliographies Online.
    The punishment of criminals is a topic of long-standing philosophical interest since the ancient Greeks. This interest has focused on several considerations, including the justification of punishment, who should be permitted to punish, and how we might best set punishments for crimes. This entry focuses on the most important contributions in this field. The focus will be on specific theoretical approaches to punishment including both traditional theories of punishment (retributivism, deterrence, rehabilitation) and more contemporary alternatives (expressivism, (...)
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  9.  58
    Punishment and freedom: a liberal theory of penal justice.Alan Brudner - 2009 - New York: Oxford University Press.
    Punishment -- Culpable mind -- Culpable action -- Responsibility for harm -- Liability for public welfare offences -- Justification -- Excuse -- Detention after acquittal -- The unity of the penal law.
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  10. Capital Punishment.Benjamin S. Yost - 2023 - In Mortimer Sellars & Stephan Kirste (eds.), Encyclopedia of the Philosophy of Law and Social Philosophy. Dordrecht: Springer. pp. 1-9.
    Capital punishment—the legally authorized killing of a criminal offender by an agent of the state for the commission of a crime—stands in special need of moral justification. This is because execution is a particularly severe punishment. Execution is different in kind from monetary and custodial penalties in an obvious way: execution causes the death of an offender. While fines and incarceration set back some of one’s interests, death eliminates the possibility of setting and pursuing ends. While fines and (...)
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  11. Deterrent Punishment in Utilitarianism.Steven Sverdlik - manuscript
    This is a presentation of the utilitarian approach to punishment. It is meant for students. A note added in July, 2022 advises the reader about the author's current views on some topics in the paper. The first section discusses Bentham's psychological hedonism. The second briefly criticizes it. The third section explains abstractly how utilitarianism would determine of the right amount of punishment. The fourth section applies the theory to some cases, and brings out how utilitarianism could favor punishments (...)
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  12. Punishing Artificial Intelligence: Legal Fiction or Science Fiction.Alexander Sarch & Ryan Abbott - 2019 - UC Davis Law Review 53:323-384.
    Whether causing flash crashes in financial markets, purchasing illegal drugs, or running over pedestrians, AI is increasingly engaging in activity that would be criminal for a natural person, or even an artificial person like a corporation. We argue that criminal law falls short in cases where an AI causes certain types of harm and there are no practically or legally identifiable upstream criminal actors. This Article explores potential solutions to this problem, focusing on holding AI directly criminally liable where it (...)
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  13. Punishing Intentions and Neurointerventions.David Birks & Alena Buyx - 2018 - American Journal of Bioethics Neuroscience 9 (3):133-143.
    How should we punish criminal offenders? One prima facie attractive punishment is administering a mandatory neurointervention—interventions that exert a physical, chemical or biological effect on the brain in order to diminish the likelihood of some forms of criminal offending. While testosterone-lowering drugs have long been used in European and US jurisdictions on sex offenders, it has been suggested that advances in neuroscience raise the possibility of treating a broader range of offenders in the future. Neurointerventions could be a cheaper, (...)
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  14. From punishment to universalism.David Rose & Shaun Nichols - 2018 - Mind and Language 34 (1):59-72.
    Many philosophers have claimed that the folk endorse moral universalism. Some have taken the folk view to support moral universalism; others have taken the folk view to reflect a deep confusion. And while some empirical evidence supports the claim that the folk endorse moral universalism, this work has uncovered intra-domain differences in folk judgments of moral universalism. In light of all this, our question is: why do the folk endorse moral universalism? Our hypothesis is that folk judgments of moral universalism (...)
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  15. Punishment and Forgiveness.Justin Tosi & Brandon Warmke - 2017 - In Jonathan Jacobs & Jonathan Jackson (eds.), The Routledge Handbook of Criminal Justice Ethics. Routledge. pp. 203-216.
    In this paper we explore the relationship between forgiving and punishment. We set out a number of arguments for the claim that if one forgives a wrongdoer, one should not punish her. We then argue that none of these arguments is persuasive. We conclude by reflecting on the possibility of institutional forgiveness in the criminal justice setting and on the differences between forgiveness and acts of mercy.
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  16. Punishment, Compensation, and Law: A Theory of Enforceability.Mark R. Reiff - 2005 - New York: Cambridge University Press.
    This book is the first comprehensive study of the meaning and measure of enforceability. While we have long debated what restraints should govern the conduct of our social life, we have paid relatively little attention to the question of what it means to make a restraint enforceable. Focusing on the enforceability of legal rights but also addressing the enforceability of moral rights and social conventions, Mark Reiff explains how we use punishment and compensation to make restraints operative in the (...)
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  17. Persons, punishment, and free will skepticism.Benjamin Vilhauer - 2013 - Philosophical Studies 162 (2):143-163.
    The purpose of this paper is to provide a justification of punishment which can be endorsed by free will skeptics, and which can also be defended against the "using persons as mere means" objection. Free will skeptics must reject retributivism, that is, the view that punishment is just because criminals deserve to suffer based on their actions. Retributivists often claim that theirs is the only justification on which punishment is constrained by desert, and suppose that non-retributive justifications (...)
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  18.  8
    Punishment.Antony Duff - 1993 - Dartmouth Publishing Company.
    This philosophical work on punishment includes coverage of retributivisms, moral education and reform, consequentialism and rights, sentencing and how to make the punishment fit the crime, abolitionism and sociological perspectives.
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  19.  6
    Punishment and Political Theory.Matt Matravers (ed.) - 1999 - Hart Publishing.
    This book brings together moral and legal philosophers,criminologists and political theorists in an attempt to address the interdependence of the study of punishment and of political theory as well as specific issues, such as freedom, autonomy, coercion and rights that arise in both. In addition to new essays on the compatibility of rights and utilitarianism and of autonomy and coercion in Kant's theory, the book contains an extended treatment of the idea of punishment as communication. This theme is (...)
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  20. Justifying punishment in intercultural contexts: Whose Norms? Which Values?Duncan Ivison - 1999 - In Matt Matravers (ed.), Punishment and Political Theory. Oxford, UK: pp. 88-107.
    An exploration of RA Duff's 'communicative theory of punishment' in contexts of deep legal and cultural pluralism.
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  21. Punishment and Responsibility.H. L. A. Hart - 1968 - Philosophy 45 (172):162-162.
  22.  92
    Making Punishment Safe: Adding an Anti-Luck Condition to Retributivism and Rights Forfeiture.J. Spencer Atkins - forthcoming - Law, Ethics and Philosophy:1-18.
    Retributive theories of punishment argue that punishing a criminal for a crime she committed is sufficient reason for a justified and morally permissible punishment. But what about when the state gets lucky in its decision to punish? I argue that retributive theories of punishment are subject to “Gettier” style cases from epistemology. Such cases demonstrate that the state needs more than to just get lucky, and as these retributive theories of punishment stand, there is no anti-luck (...)
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  23.  55
    Punishing with Care: treating offenders as equal persons in criminal punishment.Helen Brown Coverdale - 2013 - Dissertation, The London School of Economics and Political Science
    Most punishment theories acknowledge neither the full extent of the harms which punishment risks, nor the caring practices which punishment entails. Consequently, I shall argue, punishment in most of its current conceptualizations is inconsistent with treating offenders as equals qua persons. The nature of criminal punishment, and of our interactions with offenders in punishment decision-making and delivery, risks causing harm to offenders. Harm is normalized when central to definitions of punishment, desensitizing us to (...)
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  24. Punishing 'Dirty Hands'—Three Justifications.Stephen Wijze - 2013 - Ethical Theory and Moral Practice 16 (4):879-897.
    Should those who get dirty hands be punished? There is strong disagreement among even those who support the existence of such scenarios. The problem arises because the paradoxical nature of dirty hands - doing wrong to do right - renders the standard normative justifications for punishment unfit for purpose. The Consequentialist, Retributivist and Communicative approaches cannot accommodate the idea that an action can be right, all things considered, but nevertheless also a categorical wrong. This paper argues that punishment (...)
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  25. Punishment, Judges and Jesters: A Reply to Nathan Hanna.Bill Wringe - forthcoming - Ethical Theory and Moral Practice.
    Nathan Hanna has recently addressed a claim central to my 2013 article ‘Must Punishment Be Intended to Cause Suffering’ and to the second chapter of my 2016 book An Expressive Theory of Punishment: namely, that punishment need not involve an intention to cause suffering. -/- Hanna defends what he calls the ‘Aim To Harm Requirement’ (AHR), which he formulates as follows. AHR: ‘an agent punishes a subject only if the agent intends to harm the subject’ (Hanna 2017 (...)
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  26.  7
    Rethinking Punishment.Leo Zaibert - 2018 - New York, NY,: Cambridge University Press.
    The age-old debate about what constitutes just punishment has become deadlocked. Retributivists continue to privilege desert over all else, and consequentialists continue to privilege punishment's expected positive consequences, such as deterrence or rehabilitation, over all else. In this important intervention into the debate, Leo Zaibert argues that despite some obvious differences, these traditional positions are structurally very similar, and that the deadlock between them stems from the fact they both oversimplify the problem of punishment. Proponents of these (...)
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  27. Must Punishment Be Intended to Cause Suffering?Bill Wringe - 2013 - Ethical Theory and Moral Practice 16 (4):863-877.
    It has recently been suggested that the fact that punishment involves an intention to cause suffering undermines expressive justifications of punishment. I argue that while punishment must involve harsh treatment, harsh treatment need not involve an intention to cause suffering. Expressivists should adopt this conception of harsh treatment.
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  28.  21
    Punishment: A Critical Introduction.Thom Brooks - 2021 - Routledge.
    This new second edition of Punishment includes a revised and expanded defence of the groundbreaking unified theory of punishment that brings together elements of retribution, deterrence and rehabilitation into a new coherent framework. Thom Brooks expands the chapter length case studies from capital punishment, juvenile offending, domestic violence and sex crimes to include new chapters on social media offences and corporate liability addressing some of today's most pressing issues in criminal justice.
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  29.  9
    Recidivists Punishment: The Philosophers' view.Jesper Ryberg & Claudio Tamburrini (eds.) - 2011 - Lanham: Lextington books.
    Much has been written about recidivist punishments, particularly within the area of criminology. However there is a notorious lack of penal philosophical reflection on this issue. This book attempts to fill that gap by presenting the philosopher’s view on this matter as a way of furthering the debate on recidivist punishments.
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  30.  72
    Rejecting Retributivism: Free Will, Punishment, and Criminal Justice.Gregg D. Caruso - 2021 - New York, NY: Cambridge University Press.
    Within the criminal justice system, one of the most prominent justifications for legal punishment is retributivism. The retributive justification of legal punishment maintains that wrongdoers are morally responsible for their actions and deserve to be punished in proportion to their wrongdoing. This book argues against retributivism and develops a viable alternative that is both ethically defensible and practical. Introducing six distinct reasons for rejecting retributivism, Gregg D. Caruso contends that it is unclear that agents possess the kind of (...)
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  31. Blame, punishment and intermediate options.Martin Smith - forthcoming - Edinburgh Law Review.
    In this paper I explore some ideas inspired by Federico Picinali’s Justice In-Between: A Study of Intermediate Criminal Verdicts. Picinali makes a case for the introduction of intermediate options in criminal trials – verdicts with consequences that are harsher than an acquittal, but not so harsh as a conviction. From a certain perspective, the absence of intermediate options in criminal trials is puzzling – out of kilter with much of our everyday decision-making and, perhaps, with the recommendations of expected utility (...)
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  32.  2
    Punishment and the history of political philosophy: from classical republicanism to the crisis of modern criminal justice.Arthur Shuster - 2016 - London: University of Toronto Press.
    In Punishment and the History of Political Philosophy, Arthur Shuster offers an insightful study of punishment in the works of Plato, Hobbes, Montesquieu, Beccaria, Kant, and Foucault.
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  33. Punishment, Communication, and Community.R. A. Duff - 2001 - Oup Usa.
    Part of the Studies in Crime and Public Policy series, this book, written by one of the top philosophers of punishment, examines the main trends in penal theorizing over the past three decades. Duff asks what can justify criminal punishment, and then explores the legitimacy of actual practices by examining what would count as adequate justification for them. Duff argues that a "communicative conception of punishment," which he presents as a third way between consequentialist and retributive theories, (...)
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  34. ''Deterrent Punishment and Respect for Persons''.Zachary Hoskins - 2011 - Ohio State Journal of Criminal Law 8 (2):369-384.
    This article defends deterrence as an aim of punishment. Specifically, I contend that a system of punishment aimed at deterrence (with constraints to prohibit punishing the innocent or excessively punishing the guilty) is consistent with the liberal principle of respect for offenders as autonomous moral persons. I consider three versions of the objection that deterrent punishment fails to respect offenders. The first version, raised by Jeffrie Murphy and others, charges that deterrent punishment uses offenders as mere (...)
     
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  35. Punishing Noncitizens.Bill Wringe - 2020 - Journal of Applied Philosophy 38 (3):384-400.
    In this paper, I discuss a distinctively non-paradigmatic instance of punishment: the punishment of non-citizens. I shall argue that the punishment of non-citizens presents considerable difficulties for one currently popular account of criminal punishment: Antony Duff’s communicative expressive theory of punishment. Duff presents his theory explicitly as an account of the punishment of citizens - and as I shall argue, this is not merely an incidental feature of his account. However, it is plausible that (...)
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  36. Punishment, responsibility, and justice: a relational critique.Alan William Norrie - 2000 - New York: Oxford University Press.
    This book addresses the retributive and "orthodox subjectivist" theories that dominate criminal justice theory alongside recent "revisionist" and "postmodern" approaches. Norrie argues that all these approaches, together with their faults and contradictions, stem from their orientation to themes in Kantian moral philosophy. He explores an alternative relational or dialectical approach; examines the work of Ashworth, Duff, Fletcher, Moore, Smith, and Williams; and considers key doctrinal issues.
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  37.  81
    Punishment and Autonomous Shame in Confucian Thought.Justin Tiwald - 2017 - Criminal Justice Ethics 36 (1):45-60.
    As recorded in the Analects, Kongzi (Confucius) held that using punishment to influence ordinary citizens will do little to develop a sense of shame (chi 恥) in them. This term is usually taken to refer to a sense of shame described here as “ autonomous,” understood as a predisposition to feel ashamed when one does something wrong because it seems wrong to oneself, and not because others regard it as wrong or shameful. Historically, Confucian philosophers have thought a great (...)
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  38.  86
    Punishment Drift: The Spread of Penal Harm and What We Should Do About It.Richard L. Lippke - 2017 - Criminal Law and Philosophy 11 (4):645-659.
    It is well documented that the effects of legal punishment tend to drift to the family members, friends, and larger communities of convicted offenders. Instead of conceiving of punishment drift as incidental to legal punishment, or as merely foreseen but not intended by state authorities and thus permissible, I argue that efforts ought to be undertaken to limit or ameliorate it. Failure to confine punishment drift comes perilously close to punishment of the innocent and is (...)
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  39. Reward-Punishment Symmetric Universal Intelligence.Samuel Allen Alexander & Marcus Hutter - 2021 - In AGI.
    Can an agent's intelligence level be negative? We extend the Legg-Hutter agent-environment framework to include punishments and argue for an affirmative answer to that question. We show that if the background encodings and Universal Turing Machine (UTM) admit certain Kolmogorov complexity symmetries, then the resulting Legg-Hutter intelligence measure is symmetric about the origin. In particular, this implies reward-ignoring agents have Legg-Hutter intelligence 0 according to such UTMs.
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  40.  5
    State Punishment.Nicola Lacey - 1988 - Routledge.
    Nicola Lacey presents a new approach to the question of the moral justification of punishment by the State. She focuses on the theory of punishments in context of other political questions, such as the nature of political obligation and the function and scope of criminal law. Arguing that no convincing set of justifying reasons has so far been produced, she puts forward a theory of punishments which places the values of the community at its centre.
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  41. Hard-Incompatibilist Existentialism: Neuroscience, Punishment, and Meaning in Life.Derk Pereboom & Gregg D. Caruso - 2018 - In Gregg D. Caruso & Owen Flanagan (eds.), Neuroexistentialism: Meaning, Morals, and Purpose in the Age of Neuroscience. Oxford University Press.
    As philosophical and scientific arguments for free will skepticism continue to gain traction, we are likely to see a fundamental shift in the way people think about free will and moral responsibility. Such shifts raise important practical and existential concerns: What if we came to disbelieve in free will? What would this mean for our interpersonal relationships, society, morality, meaning, and the law? What would it do to our standing as human beings? Would it cause nihilism and despair as some (...)
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  42. Punishment, Communication, and Community.R. A. Duff - 2003 - Philosophical Quarterly 53 (211):310-313.
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  43.  26
    ''Punishing States and the Spectre of Guilt by Association''.Zachary Hoskins - 2014 - International Criminal Law Review 14 (4-5):901-919.
    Proponents of punishing states often claim that such punishment would not distribute to members of the state, and so it would not subject innocent citizens – those who did not participate in the crimes, or dissented, or even were among the victims – to guilt by association. This essay examines three features of state punishment that might be said not to distribute to citizens: it is burdensome, it is intentionally so, and it expresses social condemnation. Ultimately, I contend (...)
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  44. Natural Punishment.Raff Donelson - 2022 - North Carolina Law Review 100 (2):557-600.
    A man, carrying a gun in his waistband, robs a food vendor. In making his escape, the gun discharges, critically injuring the robber. About such instances, it is common to think, “he got what he deserved.” This Article seeks to explore cases like that—cases of “natural punishment.” Natural punishment occurs when a wrongdoer faces serious harm that results from her wrongdoing and not from anyone seeking retribution against her. The Article proposes that U.S. courts follow their peers and (...)
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  45.  3
    Punishment.A. John Simmons & Jeffrie G. Murphy - 1995
    The problem of justifying legal punishment has been at the heart of legal and social philosophy from the very earliest recorded philosophical texts. However, despite several hundred years of debate, philosophers have not reached agreement about how legal punishment can be morally justified. That is the central issue addressed by the contributors to this volume. All of the essays collected here have been published in the highly respected journal Philosophy & Public Affairs. Taken together, they offer not only (...)
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  46.  7
    Punishment.Ted Honderich - 1991 - Polity.
    Punishment is a persvasive feature of social life. Individuals who break laws in our societies may be imprisoned or, in some contexts, put to death. But why should individuals be punished? Are there good reasons for punishment? Or does the practice of punishment merely gratify feelings of revenge? If we regard punishment as a deterrent, are we committed to victimizing the innocent in order to deter? In this classic and recently enlarged book, Ted Honderich offers a (...)
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  47.  59
    State Punishment: Political Principles and Community Values.Nicola Lacey - 1988 - Routledge.
    Nicola Lacey presents a new approach to the question of the moral justification of punishment by the State. She focuses on the theory of punishments in context of other political questions, such as the nature of political obligation and the function and scope of criminal law. Arguing that no convincing set of justifying reasons has so far been produced, she puts forward a theory of punishments which places the values of the community at its centre.
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  48. Capital Punishment (or: Why Death is the 'Ultimate' Punishment).Michael Cholbi - forthcoming - In Jesper Ryberg (ed.), Oxford Handbook of the Philosophy of Punishment.
    Both proponents and opponents of capital punishment largely agree that death is the most severe punishment that societies should consider imposing on offenders. This chapter considers how (if at all) this ‘Ultimate Thesis’ can be vindicated. Appeals to the irrevocability of death, the badness of being executed, the badness of death, or the harsh condemnation societies express by sentencing offenders to death do not succeed in vindicating this Thesis, and in particular, fail to show that capital punishment (...)
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  49. Punishment, Forgiveness and Reconciliation.Bill Wringe - 2016 - Philosophia 44 (4):1099-1124.
    It is sometimes thought that the normative justification for responding to large-scale violations of human rights via the judicial appararatus of trial and punishment is undermined by the desirability of reconciliation between conflicting parties as part of the process of conflict resolution. I take there to be philosophical, as well as practical and psychological issues involved here: on some conceptions of punishment and reconciliation, the attitudes that they involve conflict with one another on rational grounds. But I shall (...)
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  50.  38
    Punishment: theory and practice.Mark Tunick - 1992 - Berkeley, CA: University of California.
    Unlike other treatments of legal punishment, this book takes both an external approach, asking why we punish at all, and an internal approach, considering issues faced by those 'inside' the practice: For what actions should we punish? Should we allow plea-bargaining? the insanity defense? How should sentencing be determined? The two approaches are connected: To decide whether to punish someone who is 'insane', or who cops a plea, we need to ask whether doing so is consistent with our theory (...)
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