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Richard L. Lippke [57]Richard Lippke [7]Richard Lloyd Lippke [1]
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Richard Lippke
Indiana University, Bloomington
  1.  5
    Rethinking Imprisonment.Richard L. Lippke - 2007 - Oxford University Press.
    This book draws upon philosophical arguments, criminological evidence, and legal literature on prisoners' rights and sentencing to explore the restrictions and deprivations that can be legitimately imposed on serious offenders in the name of punishment.
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  2.  33
    Some Surprising Implications of Negative Retributivism.Richard L. Lippke - 2014 - Journal of Applied Philosophy 31 (1):49-62.
    Negative retributivism is the view that though the primary justifying aim of legal punishment is the reduction of crime, the state's efforts to do so are subject to side-constraints that forbid punishment of the innocent and disproportionate punishment of the guilty. I contend that insufficient attention has been paid to what the side-constraints commit us to in constructing a theory of legal punishment, even one primarily oriented toward reducing crime. Specifically, I argue that the side-constraints limit the kinds of actions (...)
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  3.  34
    The Inner Citadel: Essays on Individual Autonomy.Richard L. Lippke - 1991 - Ethics 101 (4):865-866.
  4.  52
    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 at odds with other legal (...)
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  5. No Easy Way Out: Dangerous Offenders and Preventive Detention. [REVIEW]Richard L. Lippke - 2008 - Law and Philosophy 27 (4):383 - 414.
  6.  69
    Advertising and the Social Conditions of Autonomy.Richard L. Lippke - 1989 - Business and Professional Ethics Journal 8 (4):35-58.
  7.  26
    The Nature of Retributive Justice and Its Demands on the State.Richard Lippke - 2019 - Law and Philosophy 38 (1):53-77.
    The enterprise of state punishment requires the use of limited resources for which there are other competitors, such as national defense, market regulation, and social welfare. How resource-demanding retributive justice will turn out to be depends on how retributivists answer a series of questions concerning the theory’s structure. After elaborating these questions and the varieties of retributive justice that answers to them might generate, I consider the resource demands of retributive justice in the context of competing theories of distributive justice. (...)
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  8. Punishing the Guilty, Not Punishing the Innocent.Richard Lippke - 2010 - Journal of Moral Philosophy 7 (4):462-488.
    Discussion in this paper focuses on how strongly we should prefer non-punishment of persons guilty of serious crimes to punishment of persons innocent of them. William Blackstone's version of that preference, expressed as a ten to one ratio, is first shown to be untenable on standard accounts of legal punishment's justifying aims. Somewhat weaker versions of that ratio also appear suspect. More to the point, Blackstone's adage obscures the crucial way in which there are risks to be assessed in setting (...)
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  9.  60
    The Prosecutor and the Presumption of Innocence.Richard L. Lippke - 2014 - Criminal Law and Philosophy 8 (2):337-352.
    In what ways is the conduct of prosecutors constrained by the presumption of innocence? To address this question, I first develop an account of the presumption in the trial context, according to which it is a vital element in a moral assurance procedure for the justified infliction of legal punishment. Jurors must presume the factual innocence of defendants at the outset of trials and then be convinced beyond a reasonable doubt by the government’s evidence before they convict defendants. Prosecutors’ responsibilities (...)
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  10.  51
    A Critique of Business Ethics.Richard L. Lippke - 1991 - Business Ethics Quarterly 1 (4):367-384.
    The dominant approach to the analysis of issues in business ethics consists in the articulation and use of a set of mid-level moral principles. This approach is geared to business practitioners who are not interested in the difficult problems of moral and political theory. I argue that this "practitioner model" is philosophically suspect. I show how the theoretical frameworks prominent business ethicists employ are insufficiently developed. I also show how many of their analyses presuppose substantive views about issues of social (...)
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  11.  5
    The Disenfranchisement of Felons.Richard L. Lippke - 2001 - Law and Philosophy 20 (6):553-580.
    After discussing the interests that ground theright to democratic political participation,arguments for the disenfranchisement of thosewho commit serious criminal offenses areexamined. The arguments are divided into twogroups. The first group consists of argumentsthat are relatively independent of thejustifying aims of punishment. It is concededthat two of these arguments establish thatsome, though by no means all, serious offendersshould lose the vote for a period of time thatdoes not necessarily overlap with the durationof the other sanctions visited upon them. Thesearguments also imply (...)
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  12.  40
    Criminal Offenders and Right Forfeiture.Richard L. Lippke - 2001 - Journal of Social Philosophy 32 (1):78–89.
  13. The Disenfranchisement of Felons.Richard L. Lippke - 2001 - Law and Philosophy 20 (6):553 - 580.
    After discussing the interests that ground theright to democratic political participation,arguments for the disenfranchisement of thosewho commit serious criminal offenses areexamined. The arguments are divided into twogroups. The first group consists of argumentsthat are relatively independent of thejustifying aims of punishment. It is concededthat two of these arguments establish thatsome, though by no means all, serious offendersshould lose the vote for a period of time thatdoes not necessarily overlap with the durationof the other sanctions visited upon them. Thesearguments also imply (...)
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  14.  27
    Diminished Opportunities, Diminished Capacities: Social Deprivation and Punishment.Richard L. Lippke - 2003 - Social Theory and Practice 29 (3):459-485.
  15.  36
    Social Deprivation as Tempting Fate.Richard L. Lippke - 2011 - Criminal Law and Philosophy 5 (3):277-291.
    Two recent discussions concerning punishment of the socially deprived reach conflicting conclusions. Andrew von Hirsch and Andrew Ashworth argue that we should sympathize with the predicament of the poor and therefore mitigate their sentences. Peter Chau disputes von Hirsch and Ashworth’s conclusion, contending that having to face strong temptations is not an appropriate ground for reducing anyone’s punishment for their crimes. I argue that neither von Hirsch and Ashworth’s account nor Chau’s critique of it is persuasive. I then take up (...)
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  16.  43
    Against Supermax.Richard L. Lippke - 2004 - Journal of Applied Philosophy 21 (2):109–124.
    abstract Supermax prisons subject inmates to extreme isolation and sensory deprivation for extended periods of time. Crime reduction and retributive arguments in favour of supermax confinement are elaborated. Both types of arguments are shown to falter once the logic of the two approaches to the justification of legal punishment is made clear and evidence about the effects of supermax confinement on inmates is considered. It is also argued that many criminal offenders suffer from defects in their capacities for morally responsible (...)
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  17.  49
    Retributive Parsimony.Richard L. Lippke - 2009 - Res Publica 15 (4):377-395.
    Retributive approaches to the justification of legal punishment are often thought to place exacting and unattractive demands on state officials, requiring them to expend scarce public resources on apprehending and punishing all offenders strictly in accordance with their criminal ill deserts. Against this caricature of the theory, I argue that retributivists can urge parsimony in the use of punishment. After clarifying what parsimony consists in, I show how retributivists can urge reductions in the use of punishment in order to conserve (...)
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  18.  30
    Retribution and Incarceration.Richard L. Lippke - 2003 - Public Affairs Quarterly 17 (1):29-48.
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  19.  29
    Work, Privacy, and Autonomy.Richard L. Lippke - 1989 - Public Affairs Quarterly 3 (2):41-55.
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  20.  26
    Response to Tudor: Remorse-Based Sentence Reductions in Theory and Practice.Richard L. Lippke - 2008 - Criminal Law and Philosophy 2 (3):259-268.
    Steven Tudor defends the mitigation of criminal sentences in cases in which offenders are genuinely remorseful for their crimes. More than this, he takes the principle that such remorse-based sentence reductions are appropriate to be a ‘well-settled legal principle’—so well settled, in fact, that ‘it is among those deep-seated commitments which can serve to test general theories as much as they are tested by them’. However, his account of why remorse should reduce punishment is strongly philosophical in character. He sets (...)
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  21.  24
    Speech, Conscience, and Work.Richard Lippke - 1992 - Social Theory and Practice 18 (3):237-258.
  22.  72
    The “Necessary Evil” Defense of Manipulative Advertising.Richard L. Lippke - 1999 - Business and Professional Ethics Journal 18 (1):3-20.
  23.  53
    Prison Labor: Its Control, Facilitation, and Terms.Richard L. Lippke - 1998 - Law and Philosophy 17 (5/6):533 - 557.
  24.  14
    Victim‐Centered Retributivism.Richard L. Lippke - 2003 - Pacific Philosophical Quarterly 84 (2):127-145.
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  25.  32
    Making Offenders Pay—For the Costs of Their Punishment.Richard L. Lippke - 1999 - Social Theory and Practice 25 (1):61-77.
  26.  2
    Elaborating Negative Retributivism.Richard L. Lippke - 2015 - Philosophy and Public Issues - Filosofia E Questioni Pubbliche 5 (1).
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  27.  19
    Arguing Against Inhumane and Degrading Punishment.Richard L. Lippke - 1998 - Criminal Justice Ethics 17 (1):29-41.
  28.  8
    Prison Labor: Its Control, Facilitation, and Terms.Richard L. Lippke - 1998 - Law and Philosophy 17 (5):533-557.
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  29.  43
    Retributivism and Plea Bargaining.Richard Lippke - 2006 - Criminal Justice Ethics 25 (2):3-16.
  30.  55
    The Elusive Distinction Between Negative and Positive Rights.Richard L. Lippke - 1995 - Southern Journal of Philosophy 33 (3):335-346.
  31.  44
    Justice and Insider Trading.Richard L. Lippke - 1993 - Journal of Applied Philosophy 10 (2):215-226.
    While many countries are following the lead of the United States in making insider trading illegal, its moral status is still controversial. I summarise the scholarly debate over the fairness of insider trading and lay bare the assumptions about fairness implicit in that debate. I focus on the question whether those assumptions can be defended independently of a more comprehensive theory of social justice. Current analyses presuppose that we can intelligently discuss what the social rules regarding insider trading should be (...)
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  32.  29
    Desert, Harm Reduction, and Moral Education: The Case for a Tortfeasor Penalty.Richard L. Lippke - 2003 - Res Publica 9 (2):127-147.
    Those found liable for negligently injuring others are required to compensate them, but current practices permit most tort feasors to spread the costs of their liability burdens through the purchase of insurance. Those found guilty of criminal offences, however, are not allowed to shift the burdens of their sentences onto others. Yet the reasons for not allowing criminal offenders to shift such burdens – harm reduction, retribution, and moral education – also appear to retain some force in relation to negligent (...)
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  33.  7
    Against Supermax.Richard L. Lippke - 2004 - Journal of Applied Philosophy 21 (2):109-124.
    abstract Supermax prisons subject inmates to extreme isolation and sensory deprivation for extended periods of time. Crime reduction and retributive arguments in favour of supermax confinement are elaborated. Both types of arguments are shown to falter once the logic of the two approaches to the justification of legal punishment is made clear and evidence about the effects of supermax confinement on inmates is considered. It is also argued that many criminal offenders suffer from defects in their capacities for morally responsible (...)
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  34.  28
    Why Persons Are the Ground of Rights (and Utility Isn't).Richard L. Lippke - 1984 - Journal of Value Inquiry 18 (3):207-217.
  35.  20
    Setting the Terms of the Business Responsibility Debate.Richard L. Lippke - 1985 - Social Theory and Practice 11 (3):355-370.
  36.  24
    A Limited Defense of What Some Will Regard as Entrapment.Richard L. Lippke - 2017 - Legal Theory 23 (4):283-306.
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  37.  23
    Criminal Record, Character Evidence, and the Criminal Trial*: Richard L. Lippke.Richard L. Lippke - 2008 - Legal Theory 14 (3):167-191.
    The question addressed here is whether evidence concerning defendants' past criminal records should be introduced at their trials because such evidence reveals their character and thus reveals whether they are the kinds of persons likely to have committed the crimes with which they are currently charged. I strongly caution against the introduction of such evidence for a number of reasons. First, the link between defendants' past criminal records and claims about their standing dispositions to think and act is tenuous, at (...)
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  38.  15
    Chronic Temptation, Reasonable Firmness and the Criminal Law.Richard L. Lippke - 2014 - Oxford Journal of Legal Studies 34 (1):75-96.
    The criminal law requires citizens to demonstrate ‘reasonable firmness’ in the face of temptations to violate its provisions. But what if individuals repeatedly face powerful temptations to offend, are not responsible for being in such predicaments, cannot escape them, and cannot alter or expunge their desires because they count as urgent on any plausible account of a decent human life? Should the criminal law make some sort of allowance for the chronically tempted? I argue that it should, because individuals in (...)
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  39.  4
    Five Concerns Regarding the Commercialization of Leisure.Richard L. Lippke - 2001 - Business and Society Review 106 (2):107-126.
  40.  2
    Government Support of Labor Unions and the Ban on Striker Replacements.Richard L. Lippke - 2004 - Business and Society Review 109 (2):127-151.
  41.  60
    Imprisonable Offenses.Richard Lippke - 2006 - Journal of Moral Philosophy 3 (3):265-287.
    Imprisonment imposes very substantial losses and deprivations on people convicted of crimes. The question for which crimes imprisonment is an appropriate sanction is addressed employing both retributive and crime reduction approaches to the justification of legal punishment. Although there is not complete convergence between what the two approaches imply about its use, it is argued that both would reserve imprisonment for serious offenses, ones that inflict or threaten significant harms with moderate to high levels of culpability. Thus, neither approach supports (...)
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  42.  15
    Legal Punishment and the Public Identification of Offenders.Richard Lippke - 2018 - Res Publica 24 (2):199-216.
    In the United States, the identities of criminal offenders are matters of public record, accessible to prospective employers, the press, and ordinary citizens. In European countries, the identities of offenders are routinely kept hidden, with some exceptions. The question addressed in this discussion concerns whether the public disclosure of the identities of offenders is part and parcel of their legal punishment. My contentions are that public disclosure is not conceptually part of legal punishment, necessary to serve substantive penal aims, or (...)
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  43.  63
    Mixed Theories of Punishment and Mixed Offenders: Some Unresolved Tensions.Richard L. Lippke - 2006 - Southern Journal of Philosophy 44 (2):273-295.
    Mixed theories of legal punishment treat both crime reduction and retributive concerns as irreducibly important and so worthy of inclusion in a single justificatory framework. Yet crime reduction and retributive approaches employ different assumptions about the necessary characteristics of those liable to punishment. Retributive accounts of legal punishment require offenders to be more responsive to moral considerations than do crime reduction accounts. The tensions these different assumptions create are explored in the mixed theories of John Rawls, H. L. A. Hart, (...)
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  44.  6
    Plea Bargaining.Richard L. Lippke - 2013 - In Hugh LaFollette (ed.), The International Encyclopedia of Ethics. Wiley-Blackwell.
  45.  43
    Preventive Pre-Trial Detention Without Punishment.Richard L. Lippke - 2014 - Res Publica 20 (2):111-127.
    The pre-trial detention of individuals charged with crimes is viewed by many legal scholars as problematic. Standard arguments against it are that it constitutes legal punishment of individuals not yet convicted of crimes, violates the presumption of innocence, and rests on dubious predictions of future crime. I defend modified and restrained forms of pre-trial detention. I argue that pre-trial detention could be made very different than imprisonment, should be governed by strict criteria, and is warranted, when the evidence of danger (...)
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  46.  18
    Retributivism and Victim Compensation.Richard L. Lippke - 2020 - Social Theory and Practice 46 (2):317-338.
    Given the desert-centric character of retributive penal theory, it seems odd that its supporters rarely discuss the undeserved losses and suffering of crime victims and the state’s role in responding to them. This asymmetry in the desert-focus of retributive penal theory is examined and the likely arguments in support of it are found wanting. Particular attention is paid to the claim that offenders, rather than the state, should supply compensation to victims. Also, standard retributive accounts of why the deserving should (...)
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  47. Radical Business Ethics.Richard L. Lippke - 1995 - Rowman & Littlefield Publishers.
    Arguing against most scholars of business ethics who have articulated a set of moral principles and applied them to problems faced by business people, Richard Lippke steers away from offering moral directives. In Radical Business Ethics, he develops a more comprehensive perspective on business issues that is tied to larger questions of social justice. Analyzing a select group of timely issues such as advertising, employee privacy, and insider trading in the context of debates about the nature of the just society, (...)
     
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  48.  8
    Remorse, Dialogue, and Sentencing.Richard L. Lippke - forthcoming - Criminal Law and Philosophy:1-20.
    After surveying the many practical difficulties sentencing judges must confront in determining whether the offenders who appear before them are genuinely remorseful, recent dialogical accounts of remorse-based sentence reductions are examined. These accounts depend on a morally communicative approach to legal punishment’s justification and seem to confine such communication to offenders. They contend that, in order to respect remorseful offenders, sentencing judges must reduce their sentences. Why they should do so, by how much they should do so, and whether they (...)
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  49.  5
    Retroactive Sentencing Changes: Exploring the Complications.Richard L. Lippke - 2018 - Oxford Journal of Legal Studies 38 (1):147-167.
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  50.  36
    Susan Easton: Prisoners’ Rights: Principles and Practice: Routledge, Abingdon, Oxon, 2011, 304 Pp, ISBN: 978-1843928089. [REVIEW]Richard L. Lippke - 2012 - Criminal Law and Philosophy 6 (1):111-113.
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