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Switch to: References
Citations of:
On Crimes and Punishments
Hackett Publishing Company (1986)
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Human dignity is one of the key concepts of our ethical evaluations, in politics, in biomedicine, as well as in everyday life. In moral philosophy, however, human dignity is a source of intractable trouble. It has a number of characteristic features which apparently do not fit into one coherent ethical concept. Hence, philosophers tend to ignore or circumvent the concept. There is hope for a philosophically attractive conception of human dignity, however, given that one takes three crucial turns. The negative (...) |
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The proportionality standard demands a meaningful link between the severity of crimes and the punishments received for them. This article investigates the compatibility between this philosophical demand and the practical means most commonly associated with criminal justice provision: governmental decision making. In so far as criminal justice systems require the coordination of real human and physical resources, certain forms of knowledge and incentives are required to calculate, produce, and distribute outputs proportionately. Whereas markets rely upon pricing mechanisms to generate and (...) |
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Prior research on the psychology of retribution is complicated by the difficulty of separating retributive and general deterrence motives when studying human offenders . We isolate retribution by investigating judgments about punishing animals, which allows us to remove general deterrence from consideration. Studies 2 and 3 document a “victim identity” effect, such that the greater the perceived loss from a violent animal attack, the greater the belief that the culprit deserves to be killed. Study 3 documents a “targeted punishment” effect, (...) |
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This paper argues that Immanuel Kant’s practical philosophy contains a coherent, albeit implicit, defense of the legitimacy of capital punishment, one that refutes the most important objections leveled against it. I first show that Kant is consistent in his application of the ius talionis. I then explain how Kant can respond to the claim that death penalty violates the inviolable right to life. To address the most significant objection – the claim that execution violates human dignity – I argue that (...) |
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This paper draws some bold conclusions from modest premises. My topic is an old one, the Neohumean view of practical rationality. First, I show that this view consists of two independent claims, instrumentalism and subjectivism. Most critics run these together. Instrumentalism is entailed by many theories beyond Neohumeanism, viz. by any theory that says rational actions maximize something. Second, I give a new argument against instrumentalism, using simple counterexamples. This argument systematically undermines consequentialism and rational choice theory, I show, using (...) |
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This work examines how the conceptualization of knowledge as both problem and solution reconfigured intelligence and law enforcement after 9/11. The idea was that more information should be collected, and better analyzed. If the intelligence that resulted was shared, then terrorists could be identified, their acts predicted, and ultimately prevented. Law enforcement entered into this scenario in the United States, and internationally. "Policing terrorism" refers to the engagement of state and local law enforcement in intelligence, as well as approaching terrorism (...) |
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Recent developments in neuroscience and social science are illuminating the critical importance of regret in human choices, including criminal decision making. After differentiating regret from related emotions (e.g., disappointment, sadness, shame), I argue that regret can prompt desistance from crime and that regret avoidance is a powerful mechanism of conformity. I then turn to American and European penal history to demonstrate that the invention of the prison was premised on the notion that solitary confinement could inculcate regret in prisoners and (...) |
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An executive ought to be as informed as possible about the needs and preferences of her constituency and about the most important policy issues that her constituency confronts. This ethical duty, referred to as the informed governance principle, requires that an executive who is not opposed to the death penalty personally carry out at least one execution of a death row inmate. Having an executive act as executioner, even if just once, could also help citizens reflect upon their personal ethical (...) |
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This paper situates and examines the project of genealogy as articulated by the philosopher, Michel Foucault, and draws out from that examination educative implications both in terms of research and school practice. Following Foucault, the genealogist's primary challenge, it would seem, is both to acknowledge and to respond to the entwinement of rationality and power. This paper also considers critiques which have clustered around Foucault's work, and, more specifically, his genealogical work, which argue that Foucault leaves us with no hope (...) |
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This paper focuses on the role of punishment as a critical social mechanism for cheating prevention in MMORPGs. The role of punishment is empirically investigated in a case study of the MMORPG Tibia and by focusing on the use of bots to cheat. We describe the failure of punishment in Tibia, which is perceived by players as one of the elements facilitating the proliferation of bots. In this process some players act as a moral enterprising group contributing to the reform (...) |
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Torture is like slavery (and unlike murder and genocide) in that it is not inconceivable that torture might be justifiable. But the circumstances that would make it tolerable are unrealistic in philosophically interesting ways. It is unrealistic to think we can predict when torture will be effective and containable; unwarranted to suppose that humane alternatives are impossible; disastrous to remove motivations to create alternatives; unacceptable to be satisfied with available evidence regarding suspectsâ identity, knowledge of critical detail, ability to recall (...) |
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One of the founding principles of the International Criminal Court is the prevention of atrocities by punishing those most responsible for them. This paper builds on the literature that has both hailed and critiqued the prospects of the ICC’s ability to deter future atrocities, adding insights from criminology and psychology to enhance the understanding of the ICC’s deterrent capabilities. This will allow for a more careful analysis of how the deterrence process exactly works. The paper then uses these insights to (...) |
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In mainstream business and economics, prizes such as the Presidential Medal of Freedom are understood as special types of incentives, with the peculiar features of being awarded in public, and of having largely symbolic value. Informed by both historical considerations and philosophical instances, our study defines fundamental theoretical differences between incentives and prizes. The conceptual factors highlighted by our analytical framework are then tested through a laboratory experiment. The experimental exercise aims to analyze how prizes and incentives impact actual individuals’ (...) |
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