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Not Just Deserts: A Republican Theory of Criminal Justice

Oxford, GB: Oxford University Press UK (1992)

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  1. Freedom, recognition and non-domination: a republican theory of (global) justice.Fabian Schuppert (ed.) - 2014 - New York: Springer.
    This book offers an original account of a distinctly republican theory of social and global justice. The book starts by exploring the nature and value of Hegelian recognition theory. It shows the importance of that theory for grounding a normative account of free and autonomous agency. It is this normative account of free agency which provides the groundwork for a republican conception of social and global justice, based on the core-ideas of freedom as non-domination and autonomy as non-alienation. As the (...)
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  • Domination and Global Political Justice: Conceptual, Historical and Institutional Perspectives.Barbara Buckinx, Jonathan Trejo-Mathys & Timothy Waligore - 2014 - New York, NY, USA: Routledge.
    Domination consists in subjection to the will of others and manifests itself both as a personal relation and a structural phenomenon serving as the context for relations of power. Domination has again become a central political concern through the revival of the republican tradition of political thought . However, normative debates about domination have mostly remained limited to the context of domestic politics. Also, the republican debate has not taken into account alternative ways of conceptualizing domination. Critical theorists, liberals, feminists, (...)
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  • 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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  • On the Relationship between Global Justice and Global Democracy: A Three-Layered View.Erman Eva - 2022 - Ethics and International Affairs 36 (3):321-331.
    How should we understand the relationship between global justice and global democracy? One popular view is captured by the aphorism “No global justice without global democracy.” According to Dryzek and Tanasoca's reading of this aphorism, a particular form of deliberative global democracy is seen as the way to specify and justify what global justice is and requires in various contexts. Taking its point of departure in a criticism of this proposal, this essay analyzes how to best understand the relationship between (...)
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  • Restorative justice: the perplexing concept. Conceptual fault lines and power battles within the restorative justice movement.Theo Gavrielides - 2008 - Criminology and Criminal Justice Journal 8 (2):165-183.
    Although the fast-growing literature on restorative justice is extensive, and in some regards repetitive, there is still no consensus as to the nature and extent of applicability of the restorative notion. This article claims that the restorative movement is experiencing a tension between normative abolitionist and pragmatic visions of restorative justice. It proceeds to identify six conceptual fault-lines that characterize this tension. These do not only refer to various definitional positions, but also disagreements that negatively affect both the theoretical and (...)
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  • Freedom, Firearms, and Civil Resistance.Dustin Crummett - 2021 - The Journal of Ethics 25 (2):247-266.
    The claim that guns can safeguard freedom is common in US political discourse. In light of a broadly republican understanding of freedom, I evaluate this claim and its implications. The idea is usually that firearms would enable citizens to engage in revolutionary violence against a tyrannical government. I argue that some of the most common objections to this argument fail, but that the argument is fairly weak in light of other objections. I then defend a different argument for the claim (...)
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  • Retributivism, Justification and Credence: The Epistemic Argument Revisited.Sofia M. I. Jeppsson - 2020 - Neuroethics 14 (2):177-190.
    Harming other people is prima facie wrong. Unless we can be very certain that doing so is justified under the circumstances, we ought not to do it. In this paper, I argue that we ought to dismantle harsh retributivist criminal justice systems for this reason; we cannot be sufficiently certain that the harm is justified. Gregg Caruso, Ben Vilhauer and others have previously argued for the same conclusion; however, my own version sidesteps certain controversial premises of theirs. Harsh retributivist criminal (...)
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  • Approaching or Re-thinking the Realm of Criminal Law?Nicola Lacey - 2020 - Criminal Law and Philosophy 14 (3):307-318.
    In his latest monograph, The Realm of Criminal Law, Antony Duff gives us a further, magisterial statement of the vision of criminal law, its procedural framework, and its sanctioning system, which he has been developing over the past 35 years. This is Duff’s own book-length contribution to the tremendously fruitful collaborative Criminalization project. That project has already generated four edited volumes and two fine monographs by Farmer and Tadros. It will shape the field for decades to come; and it has (...)
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  • Two Ways of Thinking About the Value of Deserved Punishment.Richard L. Lippke - 2019 - The Journal of Ethics 23 (4):387-406.
    Numerous retributivists hold that deserved punishment has intrinsic value. A number of puzzles regarding that claim are identified and discussed. An alternative, more Kantian account of intrinsic value is then identified and the ways in which legal punishment might be understood to cohere with it are explored. That account focuses on the various ways in which legal punishment might be persons-respecting. It is then argued that this Kantian account enables us to solve or evade the puzzles generated by the other (...)
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  • Domination Across Borders: An Introduction.Barbara Buckinx, Jonathan Trejo-Mathys & Timothy Waligore - 2014 - In Barbara Buckinx, Jonathan Trejo-Mathys & Timothy Waligore (eds.), Domination and Global Political Justice: Conceptual, Historical and Institutional Perspectives. New York, NY, USA: Routledge. pp. 1-33.
    This chapter explores the different dimensions of domination, including whether it has a structural approach, its relation to race and imperialism, and how non-domination can be institutionalized and achieved at a global level.
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  • A Brief History of Liberty--And Its Lessons.Philip Pettit - 2016 - Journal of Human Development and Capabilities 17:5-21.
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  • Are ‘Optimistic’ Theories of Criminal Justice Psychologically Feasible? The Probative Case of Civic Republicanism.Victoria McGeer & Friederike Funk - 2017 - Criminal Law and Philosophy 11 (3):523-544.
    ‘Optimistic’ normative theories of criminal justice aim to justify criminal sanction in terms of its reprobative/rehabilitative value rather than its punitive nature as such. But do such theories accord with ordinary intuitions about what constitutes a ‘just’ response to wrongdoing? Recent empirical work on the psychology of punishers suggests that human beings have a ‘brutely retributive’ moral psychology, making them unlikely to endorse normative theories that sacrifice retribution for the sake of reprobation or rehabilitation; it would mean, for example, that (...)
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  • Regulating Health: Transcending Disciplinary Boundaries. [REVIEW]Toby Seddon - 2013 - Health Care Analysis 21 (1):43-53.
    Health and health care problems can be addressed from multiple disciplinary perspectives. This raises challenges for how to do cross-disciplinary scholarship in ways that are still robust, rigorous and coherent. This paper sets out one particular approach to cross-cutting research—regulation—which has proved extremely fertile for scholars working in diverse fields, from coal mine safety to tax compliance. The first part of the paper considers how regulatory ideas might be applied to health and health care research in general. The second part (...)
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  • Is the Ethics of Taittirīya Upaniṣad Deontological?C. D. Sebastian - 2018 - Journal of the Indian Council of Philosophical Research 35 (3):483-495.
    The Upaniṣads do deal with moral problems, and one could find a systematic ethical stance in them, though the Upaniṣads are, for the most part, concerned with metaphysics where the Ultimate Reality is explored and mediated upon. For an Upaniṣadic seeker, metaphysics and ethics are inseparable. The present study makes an attempt to examine the ethical stance of the Taittirīya Upaniṣad and see whether it falls in the framework of any ethical theory. This study examines the Taittirīya Upaniṣad’s ethical ideas (...)
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  • Should persons detained during public health crises receive compensation?Søren Holm - 2009 - Journal of Bioethical Inquiry 6 (2):197-205.
    One of the ways in which public health officials control outbreaks of epidemic disease is by attempting to control the situations in which the infectious agent can spread. This may include isolation of infected persons, quarantine of persons who may be infected and detention of persons who are present in or have entered premises where infected persons are being treated. Most who have analysed such measures think that the restrictions in liberty they entail and the detriments in welfare they impose (...)
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  • Towards a theory of criminal law?R. A. Duff - 2010 - Aristotelian Society Supplementary Volume 84 (1):1-28.
    After an initial discussion (§i) of what a theory of criminal law might amount to, I sketch (§ii) the proper aims of a liberal, republican criminal law, and discuss (§§iii–iv) two central features of such a criminal law: that it deals with public wrongs, and provides for those who perpetrate such wrongs to be called to public account. §v explains why a liberal republic should maintain such a system of criminal law, and §vi tackles the issue of criminalization—of how we (...)
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  • Democratic Contractualism and the Justification of Punishment: A Review of Corey Brettschneider’s Democratic Rights: Corey Brettschneider. Democratic Rights: The Substance of Self-Government. Princeton, N.J.: Princeton University Press, 2007; paperback, 2010; pp. x + 179. [REVIEW]Richard Dagger - 2013 - Criminal Law and Philosophy 7 (1):161-167.
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  • Prosecutorial Discretion and Republican Non-Domination.Dustin Crummett - 2020 - Ethical Theory and Moral Practice 23 (5):965-985.
    Prosecutors in the US legal system have great power to interfere at their discretion in the lives of citizens, and face relatively few checks on the exercise of this discretion. The vast scope of the criminal law provides a pretext for prosecuting nearly anyone. Meanwhile, other features of the legal system, such as the way plea bargains are structured and the doctrine of prosecutorial immunity, further increase prosecutorial power. And existing institutional restraints on prosecutorial abuses, such as democratic accountability, the (...)
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