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  1. Capital Punishment.Benjamin S. Yost - 2017 - In Mortimer Sellers & Stephan Kirste (eds.), Encyclopedia of the Philosophy of Law and Social Philosophy. Springer. pp. 1-9.
    Capital punishment—the legally authorized killing of a criminal offender by an agent of the state for the commission of a crime—stands in special need of moral justification. This is because execution is a particularly severe punishment. Execution is different in kind from monetary and custodial penalties in an obvious way: execution causes the death of an offender. While fines and incarceration set back some of one’s interests, death eliminates the possibility of setting and pursuing ends. While fines and incarceration narrow (...)
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  • Motivating Emotions: Emotionism and the Internalist Connection.Justin J. Bartlett - 2022 - Axiomathes 32 (4):711-731.
    I outline a theory of moral motivation which is compatible with the metaphysical claims of strong emotionism—a sentimentalist account of morality first outlined by Jesse Prinz and supported by myself which construes moral concepts and properties as a subset of emotion-dispositional properties. Given these claims, it follows that sincere moral judgements are necessarily motivating in virtue of their emotional constitution. I defend an indefeasible version of judgement motivational internalism which takes into consideration both positively and negatively valenced affective states and (...)
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  • 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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  • What's Wrong with Differential Punishment?Benjamin S. Yost - 2017 - Utilitas 29 (3):257-285.
    Half of the drug offenders incarcerated in the United States are black, even though whites and blacks use and sell drugs at the same rate, and blacks make up only 13 percent of the population. Noncomparativists about retributive justice see nothing wrong with this picture; for them, an offender’s desert is insensitive to facts about other offenders. By contrast, comparativists about retributive justice assert that facts about others can partially determine an offender’s desert. Not surprisingly, comparativists, especially comparative egalitarians, contend (...)
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  • 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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  • Born Free and Equal? A Philosophical Inquiry Into the Nature of Discrimination.Kasper Lippert-Rasmussen - 2013 - New York: Oxford University Press.
    This book addresses these three issues: What is discrimination?; What makes it wrong?; What should be done about wrongful discrimination? It argues: that there are different concepts of discrimination; that discrimination is not always morally wrong and that when it is, it is so primarily because of its harmful effects.
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  • Desert, Justice and Capital Punishment.Patrick Lenta & Douglas Farland - 2008 - Criminal Law and Philosophy 2 (3):273-290.
    Our purpose in this paper is to consider a procedural objection to the death penalty. According to this objection, even if the death penalty is deemed, substantively speaking, a morally acceptable punishment for at least some murderers, since only a small proportion of those guilty of aggravated murder are sentenced to death and executed, while the majority of murderers escape capital punishment as a result of arbitrariness and discrimination, capital punishment should be abolished. Our targets in this paper are two (...)
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  • A Retributive Critique of Racial Bias and Arbitrariness in Capital Punishment.Oscar Londono - 2013 - Journal of Social Philosophy 44 (1):95-105.
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  • Is discrimination wrong because it is undeserved?Kasper Lippert-Rasmussen - forthcoming - Inquiry: An Interdisciplinary Journal of Philosophy.
    Several leading theorists embrace the Simple Desert Account of Discrimination. This account involves two claims: it claims that a mismatch between what people deserve, on the one hand, and what they get, on the other hand, is (a) integral to discrimination, and (b) wrong. I shall query (a). First, I challenge what I see as the principal, positive argument for the Simple Desert Account. Second, in some cases wrongful discrimination brings about a better match between desert and what people get. (...)
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