I argue that contemporary liberal theory cannot give a general justification for the institution or practice of punishment, i.e., a justification that would hold across a broad range of reasonably realistic conditions. I examine the general justifications offered by three prominent contemporary liberal theorists and show how their justifications fail in light of the possibility of an alternative to punishment. I argue that, because of their common commitments regarding the nature of justification, these theorists have decisive reasons to reject punishment (...) in favor of a non-punitive alternative. I demonstrate the possibility of this alternative by means of a careful examination of the nature of punishment, isolating one essential characteristic—the aim to impose suffering—and showing how this characteristic need not guide enforcement. There is logical space for a forceful and coercive, yet non-punitive method of enforcement. This fact poses difficulties for many classical and contemporary justifications of punishment, but it poses particularly crippling problems for general liberal justifications. (shrink)

Punishment stands in need of justification because it involves intentionally harming offenders. Trust-based retributivists attempt to justify punishment by appeal to the offender’s violation of the victim’s trust, maintaining that the state is entitled to punish offenders as a means of restoring conditions of trust to their pre-offense levels. I argue that trust-based retributivism fails on two counts. First, it entails the permissibility of punishing the legally innocent and fails to justify the punishment of some offenders. Second, it cannot satisfactorily (...) explain why it is morally permissible for the government to intentionally harm offenders. (shrink)

In this dissertation I defend five claims about trust: 1) trusting and trustworthiness are conceptually but not causally connected; 2) trust is risky; 3) trust requires good will; 4) trust is a two-part relation; and 5) trust is an interpretative framework. A concern for trust often appears in discussions about testimony and the expectation of truthfulness; Bentley Glass, John Hardwig, and Jonathan Adler each address the role of trust in science while assuming a necessary connection between trusting and trustworthiness. I (...) argue that this conception is untenable because a justification for one fails to suffice as a justification of the other. I show, instead, that it is our assessment that links trustworthiness to trusting. My second claim, that trust involves risk, is contentious. I argue that the common understanding of risk as harm, which is held by Russell Hardin, contains the more technical understanding of risk as uncertainty, which is suggested by Niklas Luhman. Trust is risky precisely because it is inherently uncertain. Annette Baier argues that failing to recognize a distinction between trusting and action associated with that trust leads us to accept accounts of trust that are too broad. I argue that trust is to believe that another is concerned with your well-being, has good will, because she is concerned about you and not that it will necessarily benefit her in some way. Seeing trust as good will allows me to advance my fourth claim, that trust is a two-part relation, because trust is the assessment of another's good will towards me. Trusting another is believing that the other's good judgment will include concern and consideration for my interests because they are my interests. My fifth point follows naturally once trust is understood to be a risky, two-part relation requiring good will: it is an interpretive framework. Our trust in another sets the tone for understanding her behavior such that we take her actions as either supporting or blocking our interests. This account takes the capacity to trust to be the foundation for, rather than merely an outgrowth of, our judgments. (shrink)

The subprime mortgage crisis which was caused to a large degree by questionable mortgage lending and securitization practices that were furthered by deregulatory policies devastated the economy, led to large scale unemployment, and caused the foreclosure of millions of homes. There is evidence that numerous mortgage companies, financial firms, rating agencies, and high-level professionals were involved in unethical and often fraudulent business practices leading to the most severe economic meltdown since the Great Depression. In spite of the great economic and (...) social harm, there was a lack of criminal sanctions against those companies and individuals, who were involved in creating the crisis that reached even global dimensions. This article analyses the reasons for and the possible social impacts of the lack of criminal sanctions against those who crossed the line between unethical and criminal business practices. (shrink)

La distinction de droit pénal entre la conduitemalum in seetmalum prohibitumest vieille de cinq siècles dans les juridictions de common law, et pourtant son sens autant que son utilité continuent d’être débattus. Je me joins à la mêlée, en faisant valoir que les conditions ne peuvent pas être interprétées littéralement, mais que il existe un moyen d’établir la distinction qui est à la fois plausible et utile. Une conduitemala in seest un comportement quidoitêtre interdit dans toute société politique juste, alors (...) que la conduitemala prohibita peutêtre criminalisée, mais nedoitpas absolument l’être. Je sollicite dans mon explication des concepts de la théorie du contrat social. (shrink)

I defend a form of preventive detention through the creation of an offence of ‘being a persistent violent dangerous offender’. This differs from alternative proposals and actual habitual offender laws that impose extra periods of incarceration on offenders after they have completed the sentence for their most recent crime or as a result of a certain number of prior convictions. I, instead, would make ‘being a persistent violent dangerous offender’ an offence itself. Persons to be preventively detained would be tried (...) and convicted of this offence. My approach would then have one significant advantage: provided the elements of being a PVDO could be rendered sufficiently determinate, punishing persons under such an offence would comport with central rule of law values, most importantly legality and fair notice, as well as principles of proportionality in sentencing. (shrink)