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  1. Justice without Retribution: An Epistemic Argument against Retributive Criminal Punishment.Gregg D. Caruso - 2020 - Neuroethics 13 (1):13-28.
    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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  • Beyond Moral Responsibility to a System That Works.Bruce N. Waller - 2020 - Neuroethics 13 (1):5-12.
    Moving beyond the retributive system requires clearing away some of the basic assumptions that form the foundation of that system: most importantly, the assumption of moral responsibility, which is held in place by deep and destructive belief in a just world. Efforts to justify moral responsibility typically appeal to some version of self-making, and that appeal is only plausible through limits on inquiry. Eliminating moral responsibility removes a major impediment to deeper inquiry and understanding of the biological, social, and environmental (...)
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  • Incapacitation, Reintegration, and Limited General Deterrence.Derk Pereboom - 2020 - Neuroethics 13 (1):87-97.
    The aim of this article is to set out a theory for treatment of criminals that rejects retributive justification for punishment; does not fall afoul of a plausible prohibition on using people merely as means; and actually works in the real world. The theory can be motivated by free will skepticism. But it can also be supported without reference to the free will issue, since retributivism faces ethical challenges in its own right. In past versions of the account I’ve emphasized (...)
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  • Buddhism, Free Will, and Punishment: Taking Buddhist Ethics Seriously.Gregg D. Caruso - 2020 - Zygon 55 (2):474-496.
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  • Free Will Skepticism and Its Implications: An Argument for Optimism.Gregg Caruso - forthcoming - In Elizabeth Shaw (ed.), Free Will Skepticism in Law and Society.
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  • What Kind of Determination is Compatible with What Kind of Freedom? – A Reply to Marcelo Fischborn.Gilberto Gomes - 2019 - Filosofia Unisinos 20 (2).
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  • Moral Responsibility and the Strike Back Emotion: Comments on Bruce Waller’s The Stubborn System of Moral Responsibility.Gregg Caruso - forthcoming - Syndicate Philosophy 1 (1).
    In The Stubborn System of Moral Responsibility (2015), Bruce Waller sets out to explain why the belief in individual moral responsibility is so strong. He begins by pointing out that there is a strange disconnect between the strength of philosophical arguments in support of moral responsibility and the strength of philosophical belief in moral responsibility. While the many arguments in favor of moral responsibility are inventive, subtle, and fascinating, Waller points out that even the most ardent supporters of moral responsibility (...)
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  • Public Health and Safety: The Social Determinants of Health and Criminal Behavior.Gregg D. Caruso - 2017 - London, UK: ResearchLinks Books.
    There are a number of important links and similarities between public health and safety. In this extended essay, Gregg D. Caruso defends and expands his public health-quarantine model, which is a non-retributive alternative for addressing criminal behavior that draws on the public health framework and prioritizes prevention and social justice. In developing his account, he explores the relationship between public health and safety, focusing on how social inequalities and systemic injustices affect health outcomes and crime rates, how poverty affects brain (...)
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  • Enhancing Responsibility: Directions for an Interdisciplinary Investigation.Marcelo Fischborn - 2018 - Dissertation, Universidade Federal de Santa Maria
    [Note: articles 1-5 are in English; Intro, Discussion, and Conclusion are in Portuguese.] Responsibility practices that are part of our daily lives involve, among other things, standards about how one should praise, blame, or punish people for their actions, as well as particular acts that follow those standards to a greater or lesser extent. A classical question in philosophy asks whether human beings can actually be morally responsible for what they do. This dissertation argues that addressing this classical question is (...)
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  • Free Will Skepticism and the Question of Creativity: Creativity, Desert, and Self-Creation.D. Caruso Gregg - 2016 - Ergo: An Open Access Journal of Philosophy 3.
    Free will skepticism maintains that what we do, and the way we are, is ultimately the result of factors beyond our control and because of this we are never morally responsible for our actions in the basic desert sense—the sense that would make us truly deserving of praise and blame. In recent years, a number of contemporary philosophers have advanced and defended versions of free will skepticism, including Derk Pereboom (2001, 2014), Galen Strawson (2010), Neil Levy (2011), Bruce Waller (2011, (...)
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  • 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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  • Gilberto Gomes é mesmo um compatibilista?Marcelo Fischborn - 2018 - Filosofia Unisinos 19 (3):179-188.
    This paper focuses on Gilberto Gomes’ work on free will. In a series of contributions that have had a significant impact on the respective literature, Gomes developed a conception about free will and argued that its existence is consistent with recent scientific findings, specially in neuroscience. In this paper, I object to a claim of Gomes about his conception of free will, namely the claim that it is a compatibilist conception. I seek to show that Gomes does not use the (...)
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  • 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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  • Criminal Quarantine and the Burden of Proof.Michael Corrado - 2019 - Philosophia 47 (4):1095-1110.
    In the recent literature a number of free will skeptics, skeptics who believe that punishment is justified only if deserved, have argued for these two points: first, that the free will realist who would justify punishment has the burden of establishing to a high level of certainty - perhaps beyond a reasonable doubt, but certainly at least by clear and convincing evidence - that any person to be punished acted freely in breaking the law; and, second, that that level of (...)
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  • A Defense of Free Will Skepticism: Replies to Commentaries by Victor Tadros, Saul Smilansky, Michael McKenna, and Alfred R. Mele on Free Will, Agency, and Meaning in Life.Derk Pereboom - 2017 - Criminal Law and Philosophy 11 (3):617-636.
    This paper features Derk Pereboom’s replies to commentaries by Victor Tadros and Saul Smilansky on his non-retributive, incapacitation-focused proposal for treatment of dangerous criminals; by Michael McKenna on his manipulation argument against compatibilism about basic desert and causal determination; and by Alfred R. Mele on his disappearing agent argument against event-causal libertarianism.
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  • Self-Defense, Deterrence, and the Use Objection: A Comment on Victor Tadros’s Wrongs and Crimes.Derk Pereboom - 2019 - Criminal Law and Philosophy 13 (3):439-454.
    In Wrongs and Crimes, Victor Tadros argues that wrongdoers acquire special duties to those they’ve wronged, and from there he generates wrongdoers’ duties to contribute to general deterrence by being punished. In support, he contends that my manipulation argument against compatibilism fails to show that causal determination is incompatible with the proposed duties wrongdoers owe to those they’ve wronged. I respond that I did not intend my manipulation argument to rule out a sense of moral responsibility that features such duties, (...)
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  • Free Will, Punishment, and the Burden of Proof.Michael Louis Corrado - 2018 - Criminal Justice Ethics 37 (1):55-71.
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