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  1. Bennett’s Expressive Justification of Punishment.Peter Chau - 2017 - Criminal Law and Philosophy 11 (4):661-679.
    In this paper, I will critically assess the expressive justification of punishment recently offered by Christopher Bennett in The Apology Ritual and a number of papers. I will first draw a distinction between three conceptions of expression: communicative, motivational, and symbolic. After briefly demonstrating the difficulties of using the first two conceptions of expression to ground punishment and showing that Bennett does not ultimately rely on those two conceptions, I argue that Bennett’s account does not succeed because he fails to (...)
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  • The Expressivist Account of Punishment, Retribution, and the Emotions.Peter Königs - 2013 - Ethical Theory and Moral Practice 16 (5):1029-1047.
    This paper provides a discussion of the role that emotions may play in the justification of punishment. On the expressivist account of punishment, punishment has the purpose of expressing appropriate emotional reactions to wrongdoing, such as indignation, resentment or guilt. I will argue that this expressivist approach fails as these emotions can be expressed other than through the infliction of punishment. Another argument for hard treatment put forward by expressivists states that punitive sanctions are necessary in order for the law (...)
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  • Emotions and the Criminal Law.Mihaela Mihai - 2011 - Philosophy Compass 6 (9):599-610.
    This article focuses on the most recent debates in a certain area of the ‘law and emotion’ field, namely the literature on the role of affect in the criminal law. Following the dominance of cognitivism in the philosophy of emotions, authors moved away from seeing emotions as contaminations on reason and examined how affective reactions could be accommodated within penal proceedings. The review is structured into two main components. I look first at contributions about the multi-dimensional presence of emotions within (...)
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