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Judging Because Understanding: A Defence of Retributive Censure

In Pedro Tabensky (ed.), Judging and Understanding: Essays on Free Will, Narrative, Meaning and the Ethical Limits of Condemnation. Ashgate. pp. 221-40 (2006)

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The Nature of Reactive Practices: Exploring Strawson’s Expressivism.Thaddeus Metz - 2008 - South African Journal of Philosophy 27 (3):49-63.details I aim to answer the questions of whether reactive practices such as gratitude and punishment are inherently expressive, and, if so, in what respect. I distinguish seven ways in which one might plausibly characterize reactive practices as essentially expressive in nature, and organise them so that they progress in a dialectical order, from weakest to strongest. I then critically discuss objections that apply to the strongest conception, questioning whether it coheres with standard retributive understandings of why, when and where the (...) Download Export citation Bookmark
Censure theory still best accounts for punishment of the guilty: Reply to Montague.Thaddeus Metz - 2009 - Philosophia 37 (1):113-23.details In an article previously published in this journal, Phillip Montague critically surveys and rejects a handful of contemporary attempts to explain why state punishment is morally justified. Among those targeted is one of my defences of the censure theory of punishment, according to which state punishment is justified because the political community has a duty to express disapproval of those guilty of injustice. My defence of censure theory supposes, per argumentum, that there is always some defeasible moral reason for the (...) Download Export citation Bookmark 2 citations
Human Dignity, Capital Punishment, and an African Moral Theory: Toward a New Philosophy of Human Rights.Thaddeus Metz - 2010 - Journal of Human Rights 9 (1):81-99.details In this article I spell out a conception of dignity grounded in African moral thinking that provides a plausible philosophical foundation for human rights, focusing on the particular human right not to be executed by the state. I first demonstrate that the South African Constitutional Court’s sub-Saharan explanations of why the death penalty is degrading all counterintuitively entail that using deadly force against aggressors is degrading as well. Then, I draw on one major strand of Afro-communitarian thought to develop a (...) Download Export citation Bookmark 23 citations

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