Punishment in Criminal Law

Edited by Gustavo Beade (Universidad de Buenos Aires (UBA), Christian-Albrechts-Universität zu Kiel)
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  1. added 2019-06-07
    Wringe, Bill. An Expressive Theory of Punishment.London: Macmillian, 2016. Pp. 186. $99.00.Katrina Sifferd - 2016 - Ethics 127 (1):319-323.
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  2. 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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  3. added 2019-06-03
    Kramer’s Purgative Rationale for Capital Punishment: A Critique.John Danaher - 2013 - Criminal Law and Philosophy 9 (2):225-244.
    Matthew Kramer has recently defended a novel justification for the death penalty, something he calls the purgative rationale. According to this rationale, the death penalty can be justifiably implemented if it is necessary in order to purge defilingly evil offenders from a moral community. Kramer claims that this rationale overcomes the problems associated with traditional rationales for the death penalty. Although Kramer is to be commended for carving out a novel niche in a well-worn dialectical space, I argue that his (...)
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  4. added 2019-03-08
    Is Kant a Retributivist?M. Tunick - 1996 - History of Political Thought 17 (1):60-78.
    Retributivists are often thought to give 'deontological' theories of punishment, arguing that we should punish not for the beneficial consequences of doing so such as deterrence or incapacitation, but purely because justice demands it. Kant is often regarded as the paradigmatic retributivist. In some passages Kant does appear to give a deontological theory of punishment. For example, Kant insists that on an island where all the people were to leave the next day, forever dissolving and dispersing the community, the last (...)
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  5. added 2019-03-08
    The Myth of Retributive Justice.Brian Slattery - 1992 - In Wesley Cragg (ed.), Retributivism and Its Critics. Stuttgart, Germany: Franz Steiner Verlag. pp. 27-34.
    In fairy tales, villains usually come to a bad end, snared in a trap of their own making, or visited with a disaster nicely suited to their particular villainy. Read a story of this kind to children and you will be struck by the profound satisfaction with which this predictable of events is greeted. Yet, if children cheer when the villain is done in, they are just as satisfied when the hero manages to get the villain by the throat but (...)
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  6. added 2019-03-06
    Punishing Wrongs From the Distant Past.Thomas Douglas - 2019 - Law and Philosophy 38 (4):335-358.
    On a Parfit-inspired account of culpability, as the psychological connections between a person’s younger self and older self weaken, the older self’s culpability for a wrong committed by the younger self diminishes. Suppose we accept this account and also accept a culpability-based upper limit on punishment severity. On this combination of views, we seem forced to conclude that perpetrators of distant past wrongs should either receive discounted punishments or be exempted from punishment entirely. This article develops a strategy for resisting (...)
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  7. added 2019-02-10
    Law, Philosophy and Responsibility: The Roman Ingarden Contribution.Michal Peno - manuscript
    The aim of this article is to carry out a critical and reflexive analysis of Roman Ingarden's philosophy of responsibility. Being a member of the phenomenological current, Ingarden mainly studied the ontological bases or conditions of responsibility by identifying different situations of responsibility. In this paper situations of responsibility have been analysed in the semantic contexts in which the word "responsibility" appears. Legally, the prescriptive contexts of using the word "responsibility" are particularly important since they are usually either ignored or (...)
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  8. added 2019-02-03
    What is the Incoherence Objection to Legal Entrapment?Daniel Hill, Stephen K. McLeod & Attila Tanyi - manuscript
    Some legal theorists say that legal entrapment to commit a crime is incoherent. So far, there is no satisfactorily precise statement of this objection in the literature: it is obscure even as to the type of incoherence that is purportedly involved. (Perhaps consequently, substantial assessment of the objection is also absent.) We aim to provide a new statement of the objection that is more precise and more rigorous than its predecessors. We argue that the best form of the objection asserts (...)
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  9. added 2019-02-01
    Plato’s Conception of Justice and the Question of Human Dignity.Marek Piechowiak - 2019 - Berlin, Niemcy: Peter Lang Academic Publishers.
    This book is the first comprehensive study of Plato’s conception of justice. The universality of human rights and the universality of human dignity, which is recognised as their source, are among the crucial philosophical problems in modern-day legal orders and in contemporary culture in general. If dignity is genuinely universal, then human beings also possessed it in ancient times. Plato not only perceived human dignity, but a recognition of dignity is also visible in his conception of justice, which forms the (...)
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  10. added 2019-01-28
    Le Droit pénal nippon. Une histoire du châtiment au Japon.Jessica Lombard - 2018 - Cahiers de la Sécurité Et de la Justice (INHESJ) 41:158-166.
    Cet article relate l’évolution de la répression du crime du Japon médiéval à ses mutations durant l’époque Edo puis l’ère Meiji, afin de retracer le glissement socio-historique entre une mentalité du châtiment et une législation de la punition – aujourd’hui matérialisée par l’emprisonnement en établissement carcéral. Le développement historique des concepts fondamentaux à une société, telle la criminalité, forment ici une manière distincte d’appartenir au monde contemporain et influencent comportements et schèmes de pensée : la réalité historique est une réalité (...)
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  11. added 2019-01-24
    Culture traditionnelle et criminalité dans la société japonaise.Jessica Lombard - 2017 - AJ Pénal 5:222-224.
    En matière de criminalité, le Japon fait figure d’exception. La population incarcérée y diminue en moyenne de 3,6 % par an et le taux de criminalité est en baisse depuis 2007. La densité d’incarcération dans les prisons japonaises n’est que de 74 % contre 120 % en France en avril 2017. Le Japon partage l’appareil démocratique et le développement économique des pays occidentaux mais se distingue par son éloignement géographique et culturel. Or les sciences criminologiques étudiant la philosophie d’un pays (...)
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  12. added 2019-01-04
    Responsible Brains: Neuroscience, Law, and Human Culpability.William Hirstein, Katrina L. Sifferd & Tyler Fagan - 2018 - New York, NY, USA: MIT Press.
    [This download includes the table of contents and chapter 1.] -/- When we praise, blame, punish, or reward people for their actions, we are holding them responsible for what they have done. Common sense tells us that what makes human beings responsible has to do with their minds and, in particular, the relationship between their minds and their actions. Yet the empirical connection is not necessarily obvious. The “guilty mind” is a core concept of criminal law, but if a defendant (...)
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  13. added 2018-12-04
    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 p969). I’ll try (...)
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  14. added 2018-11-11
    Informants, Police, and Unconscionability.Luke William Hunt - 2018 - Institute of Art and Ideas (IAI Online Magazine).
    Essay exploring the extent to which certain agreements between the police and informants are an affront (both procedurally and substantively) to basic tenets of the liberal tradition in legal and political philosophy.
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  15. added 2018-10-10
    Grounding Procedural Rights.N. P. Adams - 2019 - Legal Theory (1):3-25.
    Contrary to the widely accepted consensus, Christopher Heath Wellman argues that there are no pre-institutional judicial procedural rights. Thus commonly affirmed rights like the right to a fair trial cannot be assumed in the literature on punishment and legal philosophy as they usually are. Wellman canvasses and rejects a variety of grounds proposed for such rights. I answer his skepticism by proposing two novel grounds for procedural rights. First, a general right against unreasonable risk of punishment grounds rights to an (...)
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  16. added 2018-09-17
    ‘Drugs That Make You Feel Bad’? Remorse-Based Mitigation and Neurointerventions.Jonathan Pugh & Hannah Maslen - 2017 - Criminal Law and Philosophy 11 (3):499-522.
    In many jurisdictions, an offender’s remorse is considered to be a relevant factor to take into account in mitigation at sentencing. The growing philosophical interest in the use of neurointerventions in criminal justice raises an important question about such remorse-based mitigation: to what extent should technologically facilitated remorse be honoured such that it is permitted the same penal significance as standard instances of remorse? To motivate this question, we begin by sketching a tripartite account of remorse that distinguishes cognitive, affective (...)
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  17. added 2018-09-07
    Pinkerton Short-Circuits the Model Penal Code.Andrew Ingram - 2019 - Villanova Law Review 64 (1):71-99.
    I show that the Pinkerton rule in conspiracy law is doctrinally and morally flawed. Unlike past critics of the rule, I propose a statutory fix that preserves and reforms it rather than abolishing it entirely. As I will show, this accommodates authors like Neil Katyal who have defended the rule as an important crime fighting tool while also fixing most of the traditional problems with it identified by critics like Wayne LaFave. Pinkerton is a vicarious liability rule that makes conspirators (...)
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  18. added 2018-07-02
    Kant e il diritto di punire.Daniela Tafani - 2000 - Quaderni Fiorentini Per la Storia Del Pensiero Giuridico Moderno:55-84.
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  19. added 2018-06-20
    Communication, Expression, and the Justification of Punishment.Andy Engen - 2014 - Athens Journal of Humanities and Arts 1 (4):299-307.
    Some philosophers (Duff, Hampton) conceive of punishment as a way of communicating a message to the punished and argue that this communicative function justifies the harm of punishment. I object to communicative theories because punishment seems intuitively justified in cases in which it fails as a method of communication. Punishment fails as communication when the punished ignores the intended message or fails to understand it. Among those most likely to ignore or fail to understand the message of punishment are the (...)
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  20. added 2018-04-15
    Recovering Lost Moral Ground: Can Walt Make Amends?James Mahon & Joseph Mahon - 2016 - In Kevin Decker, David Koepsell & Robert Arp (eds.), Philosophy and Breaking Bad. New York, USA: Palgrave Macmillan. pp. 143-160.
    Is it possible to recover lost moral ground? In the closing episodes of the TV show "Breaking Bad", it becomes clear that the protagonist, Walter White, believes that the correct answer to this question is an affirmative one. Walt believes that he can, and that he has, recovered lost moral ground. "Breaking Bad" may be said to explore two distinct and incompatible ways of attempting to recover lost moral ground. The first way is revisionist. This is to rewrite the script (...)
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  21. added 2018-04-13
    Mandatory Minimums and the War on Drugs.Daniel Wodak - 2018 - In David Boonin (ed.), Palgrave Handbook of Philosophy and Public Policy. Palgrave.
    Mandatory minimum sentencing provisions have been a feature of the U.S. justice system since 1790. But they have expanded considerably under the war on drugs, and their use has expanded considerably under the Trump Administration; some states are also poised to expand drug-related mandatory minimums further in efforts to fight the current opioid epidemic. In this paper I outline and evaluate three prominent arguments for and against the use of mandatory minimums in the war on drugs—they appeal, respectively, to proportionality, (...)
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  22. 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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  23. added 2018-03-13
    How Should Free Will Skeptics Pursue Legal Change?Marcelo Fischborn - 2018 - Neuroethics 11 (1):47-54.
    Free will skepticism is the view that people never truly deserve to be praised, blamed, or punished for what they do. One challenge free will skeptics face is to explain how criminality could be dealt with given their skepticism. This paper critically examines the prospects of implementing legal changes concerning crime and punishment derived from the free will skeptical views developed by Derk Pereboom and Gregg Caruso. One central aspect of the changes their views require is a concern for reducing (...)
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  24. added 2018-03-12
    Introduction.Thomas Douglas & David Birks - forthcoming - In David Birks & Thomas Douglas (eds.), Treatment for Crime: Philosophical Essays on Neurointerventions in Criminal Justice. Oxford: Oxford University Press.
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  25. added 2018-03-12
    Biological Interventions for Crime Prevention.Christopher Chew, Thomas Douglas & Nadira Faber - forthcoming - In David Birks & Thomas Douglas (eds.), Treatment for Crime: Philosophical Essays on Neurointerventions in Criminal Justice. Oxford: Oxford University Press.
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  26. added 2018-02-17
    What is Legal Moralism?Thomas Søbirk Petersen - 2011 - SATS 12 (1):80-88.
    The aim of this critical commentary is to distinguish and analytically discuss some important variations in which legal moralism is defined in the literature. As such, the aim is not to evaluate the most plausible version of legal moralism, but to find the most plausible definition of legal moralism. As a theory of criminalization, i.e. a theory that aims to justify the criminal law we should retain, legal moralism can be, and has been, defined as follows: the immorality of an (...)
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  27. added 2018-01-08
    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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  28. 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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  29. added 2017-11-09
    The Public Health-Quarantine Model.Gregg D. Caruso - forthcoming - In Oxford Handbook of Moral Responsibility. New York: Oxford University Press.
    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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  30. added 2017-11-04
    Should Law Track Morality?Re'em Segev - 2017 - Criminal Justice Ethics 36 (2):205-223.
    Does the moral status of an action provide in itself a non-instrumental, pro-tanto reason for a corresponding legal status – a reason that applies regardless of whether the law promotes a value that is independent of the law, such as preventing wrongdoing or promoting distributive or retributive justice? While the relation between morality and law is a familiar topic, this specific question is typically not considered explicitly. Yet it seems to be controversial and each of the contrasting answers to this (...)
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  31. added 2017-11-01
    Black Lives Matter and the Call for Death Penalty Abolition.Michael Cholbi & Alex Madva - 2018 - Ethics 128 (3):517-544.
    The Black Lives Matter movement has called for the abolition of capital punishment in response to what it calls “the war against Black people” and “Black communities.” This article defends the two central contentions in the movement’s abolitionist stance: first, that US capital punishment practices represent a wrong to black communities rather than simply a wrong to particular black capital defendants or particular black victims of murder, and second, that the most defensible remedy for this wrong is the abolition of (...)
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  32. added 2017-10-31
    Imprisonment and the Right to Freedom of Movement.Robert C. Hughes - 2018 - In Chris W. Surprenant (ed.), Rethinking Punishment in the Era of Mass Incarceration. New York, USA: Routledge. pp. 89-104.
    Government’s use of imprisonment raises distinctive moral issues. Even if government has broad authority to make and to enforce law, government may not be entitled to use imprisonment as a punishment for all the criminal laws it is entitled to make. Indeed, there may be some serious crimes that it is wrong to punish with imprisonment, even if the conditions of imprisonment are humane and even if no adequate alternative punishments are available.
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  33. added 2017-10-13
    Sanctioning.Lucas Miotto - 2018 - Jurisprudence 9 (2):236-250.
    Up until recently, most legal philosophers have argued that an action is a token of sanctioning if, and only if, (i) its performance brings about unwelcome consequences to the targets, and (ii) it is performed as a response to the breach of a duty. In this paper I take issue with this account. I first add some qualifications to it in order to present it in its most plausible form. After doing this, I advance a series of hypothetical cases which (...)
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  34. 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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  35. added 2017-08-03
    Neuro-Interventions as Criminal Rehabilitation: An Ethical Review.Jonathan Pugh & Thomas Douglas - 2017 - In Jonathan D. Jacobs & Jonathan Jackson (eds.), The Routledge Handbook of Criminal Justice Ethics. London: Routledge.
    According to a number of influential views in penal theory, 1 one of the primary goals of the criminal justice system is to rehabilitate offenders. Rehabilitativemeasures are commonly included as a part of a criminal sentence. For example, in some jurisdictions judges may order violent offenders to attend anger management classes or to undergo cognitive behavioural therapy as a part of their sentences. In a limited number of cases, neurointerventions — interventions that exert a direct biological effect on the brain (...)
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  36. added 2017-08-02
    Criminalization in Republican Theory.Philip Pettit - 2014 - In R. A. Duff, Lindsay Farmer, S. E. Marshall, Massimo Renzo & Victor Tadros (eds.), Criminalization: The Political Morality of Criminal Law. Oxford, UK: Oxford University Press. pp. 132-150.
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  37. added 2017-07-24
    Is Criminal Justice Politically Feasible?Philip Pettit - 2002 - Buffalo Criminal Law Review 5 (2):427-450.
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  38. added 2017-07-10
    Less Blame, Less Crime? The Practical Implications of Moral Responsibility Skepticism.Neil Levy - 2015 - Journal of Practical Ethics 3 (2):1-17.
    Most philosophers believe that wrongdoers sometimes deserve to be punished by long prison sentences. They also believe that such punishments are justified by their consequences: they deter crime and incapacitate potential offenders. In this article, I argue that both these claims are false. No one deserves to be punished, I argue, because our actions are shot through with direct or indirect luck. I also argue that there are good reasons to think that punishing fewer people and much less harshly will (...)
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  39. added 2017-07-10
    The Good, the Bad, and the Klutzy: Criminal Negligence and Moral Concern.Andrew Ingram - 2015 - Criminal Justice Ethics 34 (1):87-115.
    One proposed way of preserving the link between criminal negligence and blameworthiness is to define criminal negligence in moral terms. On this view, a person can be held criminally responsible for a negligent act if her negligence reflects a deficit of moral concern. Some theorists are convinced that this definition restores the link between negligence and blameworthiness, while others insist that criminal negligence remains suspect. This article contributes to the discussion by applying the work of ethicist Nomy Arpaly to criminal (...)
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  40. added 2017-07-02
    The Death Penalty Debate: Four Problems and New Philosophical Perspectives.Masaki Ichinose - June 2017 - Journal of Practical Ethics 5 (1):53-80.
    This paper aims at bringing a new philosophical perspective to the current debate on the death penalty through a discussion of peculiar kinds of uncertainties that surround the death penalty. I focus on laying out the philosophical argument, with the aim of stimulating and restructuring the death penalty debate. I will begin by describing views about punishment that argue in favour of either retaining the death penalty (‘retentionism’) or abolishing it (‘abolitionism’). I will then argue that we should not ignore (...)
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  41. added 2017-06-18
    Kant's Mature Theory of Punishment, and a First Critique Ideal Abolitionist Alternative.Benjamin Vilhauer - forthcoming - In Matthew Altman (ed.), Palgrave Kant Handbook.
    This chapter has two goals. First, I will present an interpretation of Kant’s mature account of punishment, which includes a strong commitment to retributivism. Second, I will sketch a non-retributive, “ideal abolitionist” alternative, which appeals to a version of original position deliberation in which we choose the principles of punishment on the assumption that we are as likely to end up among the punished as we are to end up among those protected by the institution of punishment. This is radical (...)
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  42. added 2017-05-27
    Bioethics, Complementarity, and Corporate Criminal Liability.Ryan Long - 2017 - International Criminal Law Review 17 (6):997-1021.
    This article provides a brief introduction to some contemporary challenges found in the intersection of bioethics and international criminal law involving genetic privacy, organ trafficking, genetic engineering, and cloning. These challenges push us to re-evaluate the question of whether the international criminal law should hold corporations criminally liable. I argue that a minimalist and Strawsonian conception of corporate responsibility could be useful for deterring the wrongs outlined in first few sections and in answering compelling objections to corporate criminal liability.
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  43. added 2017-05-22
    Law, Virtue, and Justice (Law and Practical Reason). [REVIEW]Jason Cruze - 20016 - Journal of Moral Philosophy 13 (6):743-746.
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  44. added 2017-05-15
    The Distributive Justice Theory of Self-Defense: A Response to Whitley Kaufman.Re'em Segev - 2008 - Ethics and International Affairs 22 (1).
    In several papers, I have argued for a theory of distributive justice and considered its implications. This theory includes a principle of responsibility that was endorsed by others within an account of defensive force (self-defense and defense of others). Whitley Kaufman criticizes this account which he refers to as the "distributive justice theory of self-defense" (DJ theory). In this paper, I respond to this criticism. I argue that Kaufman presents the theory inaccurately, that his standard of evaluation of the theory (...)
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  45. 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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  46. added 2016-12-28
    Are There Expressive Limits on Incarceration?Bill Wringe - 2017 - In Chris Surprenant (ed.), Policing and Punishment: Philosophical Problems and Policy Solutions. Routledge.
    I shall argue that advocates of denunciatory forms of expressivism can make a good case for restricting the range of measures that can be an appropriate form of punishment. They can do so by focusing not on the conditions of uptake of the message conveyed by punishment, but by the content of that message. For it is plausible that part of that message should be that the offender is a responsible agent and a member of the political community. Forms of (...)
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  47. added 2016-12-12
    Punishment, Compensation, and Law: A Theory of Enforceability.Mark R. Reiff - 2005 - 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 world. (...)
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  48. added 2016-11-15
    From Indignation to Norms Against Violence in Occupy Geneva: A Case Study for the Problem of the Emergence of Norms.Frédéric Minner - 2015 - Social Science Information 54 (4):497-524.
    Why and how do norms emerge? Which norms emerge and why these ones in particular? Such questions belong to the ‘problem of the emergence of norms’, which consists of an inquiry into the production of norms in social collectives. I address this question through the ethnographic study of the emergence of ‘norms against violence’ in the political collective Occupy Geneva. I do this, first, empirically, with the analysis of my field observations; and, second, theoretically, by discussing my findings. In consequence (...)
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  49. added 2016-09-26
    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 argue that (...)
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  50. added 2016-08-10
    Should We Aim for a Unified and Coherent Theory of Punishment?Mark Tunick - 2016 - Criminal Law and Philosophy 10 (3):611-628.
    Thom Brooks criticizes utilitarian and retributive theories of punishment but argues that utilitarian and retributive goals can be incorporated into a coherent and unified theory of punitive restoration, according to which punishment is a means of reintegrating criminals into society and restoring rights. I point to some difficulties with Brooks’ criticisms of retributive and utilitarian theories, and argue that his theory of punitive restoration is not unified or coherent. I argue further that a theory attempting to capture the complex set (...)
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