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  1. added 2020-03-30
    La dimension causal de la democracia deliberative en la reforma del derecho penal.Romina Rekers - 2015 - Criminal Justice Ethics 1 (1):1-22.
    El objetivo de este artículo es identificar las consideraciones de quiénes deben guiar la sanción o reforma de la ley penal. Este objetivo cobra relevancia si consideramos que las diferentes respuestas pueden impactar en las tasas de cumplimiento del derecho penal y en los niveles de coacción estatal arbitraria. Para ello, se analizarán algunas propuestas teóricas que se ubican en una recta cuyos extremos están ocupados, respectivamente, por el populismo y el elitismo penal. Estos argumentos son reconstruidos en el debate (...)
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  2. added 2020-01-30
    Justifying Prison Breaks as Civil Disobedience.Isaac Shur - 2019 - Aporia 19 (2):14-26.
    I argue that given the persistent injustice present within the Prison Industrial Complex in the United States, many incarcerated individuals would be justified in attempting to escape and that these prison breaks may qualify as acts of civil disobedience. After an introduction in section one, section two offers a critique of the classical liberal conception of civil disobedience envisioned by John Rawls. Contrary to Rawls, I argue that acts of civil disobedience can involve both violence and evasion of punishment, both (...)
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  3. added 2019-12-15
    The Nature of Reactive Practices: Exploring Strawson’s Expressivism.Thaddeus Metz - 2008 - South African Journal of Philosophy 27 (3):49-63.
    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 (...)
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  4. added 2019-11-03
    Can Capital Punishment Survive If Black Lives Matter?Michael Cholbi & Alex Madva - forthcoming - In Michael Cholbi, Brandon Hogan, Alex Madva & Benjamin Yost (eds.), The Movement for Black Lives: Philosophical Perspectives. New York:
    Drawing upon empirical studies of racial discrimination dating back to the 1940’s, the Movement for Black Lives platform calls for the abolition of capital punishment. Our purpose here is to defend the Movement’s call for death penalty abolition in terms congruent with its claim that the death penalty in the U.S. is a “racist practice” that “devalues Black lives.” We first sketch the jurisprudential history of race and capital punishment in the U.S., wherein courts have occasionally expressed worries about racial (...)
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  5. added 2019-09-25
    The Forfeiture Theory of Punishment: Surviving Boonin’s Objections.Stephen Kershnar - 2010 - Public Affairs Quarterly 24 (4):319-334.
    In this paper, I set out a version of the Forfeiture Theory of Punishment. Forfeiture Theory: Legal punishment is just or permissible because offenders forfeit their rights.On this account, offenders forfeit their rights because they infringed on someone’s rights. My strategy is to provide a version of the Forfeiture Theory and then to argue that it survives a number of initially intuitive seeming objections, most having their origins in the recent work of David Boonin.
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  6. added 2019-09-09
    The Intrinsic Good of Justice.Brian John Rosebury - 2019 - Ratio Juris 32 (2):193-209.
    Some retributivists claim that when we punish wrongdoers we achieve a good: justice. The paper argues that the idea of justice, though rhetorically freighted with positive value, contains only a small core of universally-agreed meaning; and its development in a variety of competing conceptions simply recapitulates, without resolving, debates within the theory of punishment. If, to break this deadlock, we stipulate an expressly retributivist conception of justice, then we should concede that punishment which is just may be morally wrong.
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  7. added 2019-06-08
    Is Preventive Detention Morally Worse Than Quarantine?Thomas Douglas - 2019 - In Jan W. De Keijser, Julian Roberts & Jesper Ryberg (eds.), Predictive Sentencing: Normative and Empirical Perspectives. London: Hart Publishing.
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  8. added 2019-06-05
    Justice Without Retribution: An Epistemic Argument Against Retributive Criminal Punishment.Gregg D. Caruso - forthcoming - Neuroethics:1-16.
    Within the United States, the most prominent justification for criminal punishment is retributivism. This retributivist justification for punishment maintains that punishment of a wrongdoer is justified for the reason that she deserves something bad to happen to her just because she has knowingly done wrong—this could include pain, deprivation, or death. For the retributivist, it is the basic desert attached to the criminal’s immoral action alone that provides the justification for punishment. This means that the retributivist position is not reducible (...)
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  9. added 2019-05-28
    Divine Retribution in Evolutionary Perspective.Isaac Wiegman - 2016 - In Wm Curtis Holtzen & Matthew Nelson Hill (eds.), In Spirit and Truth. Claremont: CST Press. pp. 181-202.
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  10. added 2019-05-16
    Anger and Punishment: Natural History and Normative Significance.Isaac Wiegman - 2014 - Dissertation, Washington University in St. Louis
    I argue that the evolutionary history of anger has substantive implications for normative ethics. In the process, I develop an evolutionary account of anger and its influence on action. First, I consider a prominent argument by Peter Singer and Joshua Greene. They conclude that evolutionary explanations of human cooperation debunk – or undercut the evidential value of – the moral intuitions supporting duty ethics (as opposed to utilitarian or consequentialist ethics). With this argument they aim to defend consequentialist theories. However, (...)
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  11. added 2019-02-14
    L’indignation : ses variétés et ses rôles dans la régulation sociale.Frédéric Minner - 2019 - Implications Philosophiques 1.
    Qu’est-ce que l’indignation ? Cette émotion est souvent conçue comme une émotion morale qu’une tierce-partie éprouve vis-à-vis des injustices qu’un agent inflige à un patient. L’indignation aurait ainsi trait aux injustices et serait éprouvée par des individus qui n’en seraient eux-mêmes pas victimes. Cette émotion motiverait la tierce-partie indignée à tenter de réguler l’injustice en l’annulant et en punissant son auteur. Cet article entreprend de montrer que cette conception de l’indignation n’est que partielle. En effet, l’indignation ne porte pas que (...)
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  12. added 2019-01-31
    Bound: Essays on Free Will and Responsibility, by Shaun Nichols: Oxford: Oxford University Press, 2015, Pp. Viii + 188, £25. [REVIEW]Joshua May - 2016 - Australasian Journal of Philosophy 94 (2):416-417.
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  13. added 2018-09-21
    Coercion and the Neurocorrective Offer.Jonathan Pugh - forthcoming - In David Rhys Birks & Thomas Douglas (eds.), reatment for Crime: Philosophical Essays on Neurointerventions in Criminal Justice. Oxford, UK:
    According to what Douglas calls ‘the consent requirement’, neuro-correctives can only permissibly be provided with the valid consent of the offender who will undergo the intervention. Some of those who endorse the consent requirement have claimed that even though the requirement prohibits the imposition of mandatory neurocorrectives on criminal offenders, it may yet be permissible to offer offenders the opportunity to consent to undergoing such an intervention, in return for a reduction to their penal sentence. I call this the neurocorrective (...)
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  14. added 2018-09-15
    God and Prepunishment.Lloyd Strickland - 2011 - Philosophical Papers 40 (1):105-127.
    The belief that some misfortunes are punishments sent from God has been affirmed by many different cultures and religions throughout human history. The belief has proved a pervasive one, and is still endorsed today by many adherents of the great western religions of the Judaeo-Christian tradition. Invariably, what is believed is that a present misfortune is divine punishment for a past sin. But could a present misfortune in fact be divine punishment for a future sin? That is, could God prepunish (...)
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  15. added 2018-07-04
    Reconciliation as the Aim of a Criminal Trial: Ubuntu’s Implications for Sentencing.Thaddeus Metz - 2019 - Constitutional Court Review 9:113-134.
    In this article, I seek to answer the following cluster of questions: What would a characteristically African, and specifically relational, conception of a criminal trial’s final end look like? What would the Afro-relational approach prescribe for sentencing? Would its implications for this matter forcefully rival the kinds of penalties that judges in South Africa and similar jurisdictions typically mete out? After pointing out how the southern African ethic of ubuntu is well understood as a relational ethic, I draw out of (...)
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  16. added 2018-06-05
    The Consent Solution to Punishment and the Explicit Denial Objection.Miroslav Imbrisevic - 2010 - Theoria: Revista de Teoría, Historia y Fundamentos de la Ciencia 25 (2):211-224.
    Recently, David Boonin has put forward several objections to Carlos S. Nino's 'Consensual Theory of Punishment'. In this paper I will defend Nino against the 'explicit denial objection'. I will discuss whether Boonin's interpretation of Nino as a tacit consent theorist is right. I will argue that the offender's consent is neither tacit nor express, but a special category of implicit consent. Further, for Nino the legal-normative consequences of an act (of crime) are 'irrevocable', i.e. one cannot (expressly and successfully) (...)
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  17. added 2018-05-02
    The Contradiction of Crimmigation.José Jorge Mendoza - 2018 - APA Newsletter on Hispanic/Latino Issues in Philosophy 17 (2):6-9.
    This essay argues that we should find Crimmigration, which is the collapsing of immigration law with criminal law, morally problematic for three reasons. First, it denies those who are facing criminal penalties important constitutional protections. Second, it doubly punishes those who have already served their criminal sentence with an added punishment that should be considered cruel and unusual (i.e., indefinite imprisonment or exile). Third, when the tactics aimed at protecting and serving local communities get usurped by the federal government for (...)
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  18. added 2018-04-19
    Nepomuceno, Eric. A Memória de Todos Nós. [REVIEW]César Schirmer Dos Santos - 2017 - Peri 9 (1):262-266.
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  19. added 2018-03-23
    Nonconsensual Neurocorrectives and Bodily Integrity: A Reply to Shaw and Barn.Thomas Douglas - 2019 - Neuroethics 12 (1):107-118.
    In this issue, Elizabeth Shaw and Gulzaar Barn offer a number of replies to my arguments in ‘Criminal Rehabilitation Through Medical Intervention: Moral Liability and the Right to Bodily Integrity’, Journal of Ethics. In this article I respond to some of their criticisms.
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  20. added 2017-11-28
    A New Societal Self-Defense Theory of Punishment—The Rights-Protection Theory.Hsin-Wen Lee - 2018 - Philosophia 46 (2):337-353.
    In this paper, I propose a new self-defense theory of punishment, the rights-protection theory. By appealing to the interest theory of right, I show that what we call “the right of self-defense” is actually composed of the right to protect our basic rights. The right of self-defense is not a single, self-standing right but a group of derivative rights justified by their contribution to the protection of the core, basic rights. Thus, these rights of self-defense are both justified and constrained (...)
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  21. added 2017-10-13
    Contractualism and the Death Penalty.Li Hon Lam - 2017 - Criminal Justice Ethics 36 (2):152-182.
    It is a truism that there are erroneous convictions in criminal trials. Recent legal findings show that 3.3% to 5%of all convictions in capital rape-murder cases in the U.S. in the 1980s were erroneous convictions. Given this fact, what normative conclusions can be drawn? First, the article argues that a moderately revised version of Scanlon’ s contractualism offers an attractive moral vision that is different from utilitarianism or other consequentialist theories, or from purely deontological theories. It then brings this version (...)
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  22. added 2017-09-28
    Why is (Claiming) Ignorance of the Law No Excuse?Miroslav Imbrisevic - 2010 - Review Journal of Political Philosophy 8 (1):57-69.
    In this paper I will discuss two aspects of ignorance of the law: ignorance of illegality (including mistaking the law) and ignorance of the penalty; and I will look at the implications for natives, for tourists and for immigrants. I will argue that Carlos Nino's consensual theory of punishment need to rely on two premises in order to justify that (claiming) ignorance of the law is no excuse. The first premise explains why individuals are presumed to 'know' current laws. The (...)
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  23. added 2017-09-14
    The Utilitarian Justification of Prepunishment.Voin Milevski - 2014 - Polish Journal of Philosophy 8 (1):25-35.
    According to Christopher New, prepunishment is punishment for an offence before the offence is committed. I will first analyze New’s argument, along with theepistemic conditions for practicing prepunishment. I will then deal with an important conceptual objection, according to which prepunishment is not a genuine kind of ‘punishment’. After that, I will consider retributivism and present conclusive reasons for the claim that it cannot justify prepunishment without leading to paradoxical results. I shall then seek to establish that from the utilitarian (...)
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  24. added 2017-09-03
    The Law From Wergild to the Postmodern: Thinking of Restorative Justice.Chatterjee Subhasis Chattopadhyay - manuscript
    This is part of a proposed monograph on the Law, and jurisprudence and is to be used for understanding punishment through wergild to the early Modern and to even the post-modern. The paper is just a draft and in the future will be published as a monograph.
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  25. added 2017-08-06
    The Concept of Entrapment.Daniel J. Hill, Stephen K. McLeod & Attila Tanyi - 2018 - Criminal Law and Philosophy 12 (4):539-554.
    Our question is this: What makes an act one of entrapment? We make a standard distinction between legal entrapment, which is carried out by parties acting in their capacities as (or as deputies of) law- enforcement agents, and civil entrapment, which is not. We aim to provide a definition of entrapment that covers both and which, for reasons we explain, does not settle questions of permissibility and culpability. We explain, compare, and contrast two existing definitions of legal entrapment to commit (...)
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  26. added 2017-06-01
    A Conditional Defense of Shame and Shame Punishment.Erick Jose Ramirez - 2017 - Symposion: Theoretical and Applied Inquiries in Philosophy and Social Sciences 4 (1):77-95.
    This paper makes two essential claims about the nature of shame and shame punishment. I argue that, if we properly understand the nature of shame, that it is sometimes justifiable to shame others in the context of a pluralistic multicultural society. I begin by assessing the accounts of shame provided by Cheshire Calhoun (2004) and Julien Deonna, Raffaele Rodogno, & Fabrice Teroni (2012). I argue that both views have problems. I defend a theory of shame and embarrassment that connects both (...)
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  27. added 2017-05-31
    Relationships and Respect for Persons.Linda Radzik - unknown - Windsor Studies in Argumentation, Vol. 4.
    Many theorists writing on the aftermath of wrongdoing have been influenced by Trudy Govier’s emphasis on interpersonal relationships. But George Sher has recently challenged this talk of relationships. Read descriptively, he argues, claims about the interpersonal effects of wrongdoing are either exaggerated or false. Read normatively, relationships add nothing to more traditional moral theory. In this essay, I argue that Govier’s relational framework both avoids Sher’s dilemma and enables her to develop the notion of respect for persons in ways that (...)
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  28. added 2017-04-15
    Toward an Account of Intolerance: Between Prison Resistance and Engaged Scholarship.Perry Zurn - 2017 - The Carceral Notebooks 12:97-128.
    The word “intolerance” bears almost exclusively negative connotations. It is treated invariably, almost ideologically as a vice. What would it mean to reconceive of intolerance as a virtue—or, at the very least, a positive affect? In this essay, I analyze two complementary archives of positive intolerance: the records of the Prisons Information Group (the GIP) and the writings of one of its members: Michel Foucault. For the GIP, intolerance—as a militant refusal of intolerable material and political conditions—is essential to the (...)
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  29. added 2017-02-28
    Fortifying the Self-Defense Justification of Punishment.Cogley Zac - forthcoming - Public Affairs Quarterly 31 (4).
    David Boonin has recently advanced several challenges to the self-defense justification of punishment. Boonin argues that the self-defense justification of punishment justifies punishing the innocent, justifies disproportionate punishment, cannot account for mitigating excuses, and does not justify intentionally harming offenders as we do when we punish them. In this paper, I argue that the self-defense justification, suitably understood, can avoid all of these problems. To help demonstrate the self-defense theory’s attraction, I also develop some contrasts between the self-defense justification, Warren (...)
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  30. added 2017-02-10
    Social Deprivation and Criminal Justice.Kimberley Brownlee - 2012 - In François Tanguay-Renaud & James Stribopoulos (eds.), Rethinking Criminal Law Theory: New Canadian Perspectives in the Philosophy of Domestic, Transnational, and International Criminal Law. Hart Publishing.
    This article challenges the use of social deprivation as a punishment, and offers a preliminary examination of the human rights implications of exile and solitary confinement. The article considers whether a human right against coercive social deprivation is conceptually redundant, as there are recognised rights against torture, extremely cruel, inhumane, or degrading treatment as well as rights to basic health care, education, and security, which might encompass what this right protects. The article argues that the right is not conceptually redundant, (...)
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  31. added 2017-01-20
    Punishment in the Executive Suite: Moral Responsibility, Causal Responsibility, and Financial Crime.Mark R. Reiff - 2017 - In Lisa Herzog (ed.), Just Financial Markets? Finance in a Just Society. Oxford: Oxford University Press. pp. 125-153.
    Despite the enormity of the financial losses flowing from the 2008 financial crisis and the outrageousness of the conduct that led up to it, almost no individual involved has been prosecuted for criminal conduct, much less actually gone to prison. What this chapter argues is that the failure to punish those in management for their role in this misconduct stems from a misunderstanding of the need to prove that they personally knew of this wrongdoing and harbored an intent to defraud. (...)
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  32. added 2016-12-08
    Corrective Justice and the Possibility of Rectification.Seth R. M. Lazar - 2008 - Ethical Theory and Moral Practice 11 (4):355-368.
    In this paper, I ask how - and whether - the rectification of injury at which corrective justice aims is possible, and by whom it must be performed. I split the injury up into components of harm and wrong, and consider their rectification separately. First, I show that pecuniary compensation for the harm is practically plausible, because money acts as a mediator between the damaged interest and other interests. I then argue that this is also a morally plausible approach, because (...)
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  33. added 2016-10-14
    Felon Disenfranchisement and Democratic Legitimacy.Matt S. Whitt - 2017 - Social Theory and Practice 43 (2):283-311.
    Political theorists have long criticized policies that deny voting rights to convicted felons. However, some have recently turned to democratic theory to defend this practice, arguing that democratic self-determination justifies, or even requires, disenfranchising felons. I review these new arguments, acknowledge their force against existing criticism, and then offer a new critique of disenfranchisement that engages them on their own terms. Using democratic theory’s “all-subjected principle,” I argue that liberal democracies undermine their own legitimacy when they deny the vote to (...)
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  34. added 2016-10-05
    Many Men Are Good Judges in Their Own Case: Restorative Justice and the Nemo Iudex Principle in Anglo-American Law.Jennifer M. Page - 2015 - Raisons Politiques 59:91-107.
    The principle of nemo iudex in causa sua is central to John Locke’s social contract theory: the state is justified largely due to the human need for an impartial system of criminal justice. In contemporary Anglo-American legal practice, the value of impartiality in criminal justice is accepted uncritically. At the same time, advocates of restorative justice frequently make reference to a crime victim’s right to have his or her voice heard in the criminal justice process without regard for impartiality as (...)
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  35. added 2016-05-11
    Robots, Law and the Retribution Gap.John Danaher - 2016 - Ethics and Information Technology 18 (4):299–309.
    We are living through an era of increased robotisation. Some authors have already begun to explore the impact of this robotisation on legal rules and practice. In doing so, many highlight potential liability gaps that might arise through robot misbehaviour. Although these gaps are interesting and socially significant, they do not exhaust the possible gaps that might be created by increased robotisation. In this article, I make the case for one of those alternative gaps: the retribution gap. This gap arises (...)
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  36. added 2016-04-15
    The Evolution of Retribution: Intuitions Undermined.Isaac Wiegman - 2017 - Pacific Philosophical Quarterly 98 (2):490-510.
    Recent empirical work suggests that emotions are responsible for anti-consequentialist intuitions. For instance, anger places value on actions of revenge and retribution, value not derived from the consequences of these actions. As a result, it contributes to the development of retributive intuitions. I argue that if anger evolved to produce these retributive intuitions because of their biological consequences, then these intuitions are not a good indicator that punishment has value apart from its consequences. This severs the evidential connection between retributive (...)
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  37. added 2016-01-21
    Original Sin: The Divergent Doctrines of Augustine and Tillich.Richard Oxenberg - manuscript
    In this paper I provide a comparative analysis of Augustine's and Paul Tillich's doctrines of Original Sin. I argue that Augustine's doctrine is deeply flawed in ways corrected for by Tillich.
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  38. added 2015-12-15
    Justiça e Punição na Filosofia do Direito de Hegel.Thadeu Weber & Ítalo da Silva Alves - 2014 - Direitos Fundamentais and Justiça 28:153-164.
    In this paper, we attempt to reconstruct Hegel’s theory of punishment through its development on the levels of abstract right and civil society, incorporating to the latter the concepts of contingency and arbitrariness. We demonstrate how the unjust is anulled and how right is restored under a retributive foundation of the penalty. We approach the issue of the death penalty and conclude that a retibutivist argument is insufficient to serve as its foundation.
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  39. added 2015-12-04
    Commentary on Szmukler: Mental Illness, Dangerousness, and Involuntary Civil Commitment.Ken Levy & Alex Cohen - 2016 - In Daniel D. Moseley Gary J. Gala (ed.), Philosophy and Psychiatry: Problems, Intersections, and New Perspectives. Routledge. pp. 147-160.
    Prof. Cohen and I answer six questions: (1) Why do we lock people up? (2) How can involuntary civil commitment be reconciled with people's constitutional right to liberty? (3) Why don't we treat homicide as a public health threat? (4) What is the difference between legal and medical approaches to mental illness? (5) Why is mental illness required for involuntary commitment? (6) Where are we in our efforts to understand the causes of mental illness?
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  40. added 2015-10-28
    The Structure of Death Penalty Arguments.Matt Stichter - 2014 - Res Publica 20 (2):129-143.
    In death penalty debates, advocates on both sides have advanced a staggering number of arguments to defend their positions. Many of those arguments fail to support retaining or abolishing the death penalty, and often this is due to advocates pursuing a line of reasoning where the conclusion, even if correctly established, will not ultimately prove decisive. Many of these issues are also interconnected and shouldn’t be treated separately. The goal of this paper is to provide some clarity about which specific (...)
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  41. added 2015-10-28
    Rescuing Fair-Play as a Justification for Punishment.Matt K. Stichter - 2010 - Res Publica 16 (1):73-81.
    The debate over whether ‘fair-play’ can serve as a justification for legal punishment has recently resumed with an exchange between Richard Dagger and Antony Duff. According to the fair-play theorist, criminals deserve punishment for breaking the law because in so doing the criminal upsets a fair distribution of benefits and burdens, and punishment rectifies this unfairness. Critics frequently level two charges against this idea. The first is that it often gives the wrong explanation of what makes crime deserving of punishment, (...)
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  42. added 2015-10-02
    Why Should We Care What the Public Thinks? A Critical Assessment of the Claims of Popular Punishment.Frej Klem Thomsen - 2014 - In Jesper Ryberg & Julian Roberts (eds.), Popular Punishment. Oxford University Press. pp. 119-145.
    The article analyses the necessary conditions an argument for popular punishment would need to meet, and argues that it faces the challenge of a dilemma of reasonableness: either popular views on punishment are unreasonable, in which case they should carry no weight, or they are reasonable, in which case the reasons that support them, not the views, should carry weight. It proceeds to present and critically discuss three potential solutions to the dilemma, arguing that only an argument for the beneficial (...)
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  43. added 2015-09-05
    Crimine, Punizione, Destino. Per Un Superamento Della Vendetta.Venanzio Raspa - 2015 - In G. Lorini & M. Masia (eds.), Antropologia della vendetta. Edizioni Scientifiche Italiane. pp. 231-249.
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  44. added 2015-08-01
    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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  45. added 2015-06-04
    Free Will Skepticism and Criminal Behavior: A Public Health-Quarantine Model.Gregg D. Caruso - 2016 - Southwest Philosophy Review 32 (1):25-48.
    One of the most frequently voiced criticisms of free will skepticism is that it is unable to adequately deal with criminal behavior and that the responses it would permit as justified are insufficient for acceptable social policy. This concern is fueled by two factors. The first is that one of the most prominent justifications for punishing criminals, retributivism, is incompatible with free will skepticism. The second concern is that alternative justifications that are not ruled out by the skeptical view per (...)
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  46. added 2015-05-14
    Reprobation as Shared Inquiry: Teaching the Liberal Arts in Prison.Joshua A. Miller & Daniel Harold Levine - 2015 - Radical Philosophy Review 18 (2):287-308.
    Respect for victims requires that we have social systems for punishing and condemning (reproving) serious crimes. But, the conditions of social marginalization and political subordination of the communities from which an overwhelming number of prisoners in the United States come place serious barriers in the face of effective reprobation. Mass incarceration makes this problem worse by disrupting and disrespecting entire communities. While humanities education in the prisons is far from a total solution, it is one way to make reprobation meaningful, (...)
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  47. added 2015-04-15
    Punishment, Desert, and Equality: A Levinasian Analysis.Benjamin S. Yost - 2015 - In Lisa Guenther, Geoffrey Adelsberg & Zeman Scott (eds.), Death and Other Penalties: Philosophy in a Time of Mass Incarceration. Fordham UP.
    The first part of this chapter defends the claim that the over-incarceration of disadvantaged social groups is unjust. Many arguments for penal reform are based on the unequal distribution of punishment, most notably disproportionate punishment of the poor and people of color. However, some philosophers use a noncomparative conception of desert to argue that the justice of punishment is independent of its distribution. On this view, which has significant influence in 14th Amendment jurisprudence, unequal punishment is not unjust. After detailing (...)
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  48. added 2015-04-01
    Time and Crime: Which Cold-Case Investigations Should Be Reheated.Jonathan A. Hughes & Monique Jonas - 2015 - Criminal Justice Ethics 34 (1):18-41.
    Advances in forensic techniques have expanded the temporal horizon of criminal investigations, facilitating investigation of historic crimes that would previously have been considered unsolvable. Public enthusiasm for pursuing historic crimes is exemplified by recent high-profile trials of celebrities accused of historic sexual offences. These circumstances give new urgency to the question of how we should decide which historic offences to investigate. A satisfactory answer must take into account the ways in which the passage of time can erode the benefits of (...)
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  49. added 2015-03-25
    Punishment and the Rebalancing of Status.Gerald Lang - 2014 - Philosophy and Public Issues - Filosofia E Questioni Pubbliche 4 (3):53-67.
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  50. added 2014-11-20
    Crimes and Punishments.Giuliano Torrengo & Achille C. Varzi - 2006 - Philosophia 34 (4):395-404.
    Every criminal act ought to be matched by a corresponding punishment, or so we may suppose, and every punishment ought to reflect a criminal act. We know how to count punishments. But how do we count crimes? In particular, how does our notion of a criminal action depend on whether the prohibited action is an activity, an accomplishment, an achievement, or a state?
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