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Punishment, communication and community

In Derek Matravers & Jonathan E. Pike (eds.), Debates in Contemporary Political Philosophy: An Anthology. New York: Routledge (2002)

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  1. Youth Prisons: Abolition or Reform?Jason Swartwood - 2023 - Public Philosophy Journal 5 (1).
    Active and targeted reforms at the local and state levels have had success reducing youth incarceration rates. While most agree the work is not done, reform of the youth incarceration system has had important successes. At the same time, activists and advocates have increasingly rejected the goal of reforming youth prisons in favor of abolishing them. I outline some objections to prominent abolitionist arguments. Specifically, I show why arguments that focus on the racist historical origins of the incarceration system, structural (...)
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  • Reasons to Punish Autonomous Robots.Zac Cogley - 2023 - The Gradient 14.
    I here consider the reasonableness of punishing future autonomous military robots. I argue that it is an engineering desideratum that these devices be responsive to moral considerations as well as human criticism and blame. Additionally, I argue that someday it will be possible to build such machines. I use these claims to respond to the no subject of punishment objection to deploying autonomous military robots, the worry being that an “accountability gap” could result if the robot committed a war crime. (...)
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  • Ethics of Imprisonment : Essays in Criminal Justice Ethics.William Bülow - 2014 - Dissertation, Royal Institute of Technology, Stockholm
    This licentiate thesis consists of three essays which all concern the ethics of imprisonment and what constitutes an ethically defensible treatment of criminal offenders. Paper 1 defends the claim that prisoners have a right to privacy. I argue that the right to privacy is important because of its connection to moral agency. For that reasons is the protection of inmates’ right to privacy also warranted by different established philosophical theories about the justification of legal punishment. I discuss the practical implications (...)
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  • What Is Punishment?Frej Klem Thomsen - manuscript
    Since the middle of the 20th century, philosophers and legal scholars have debated the precise definition of punishment. This chapter surveys the debate, identifies six potential conditions of punishment, and critically reviews each of them: 1) the response condition, which holds that punishment must be in response to wrongdoing, 2) the culpability condition, which holds that punishment must be of a person morally responsible for wrongdoing, 3) the authority condition, which holds that punishment must be imposed by a relevant authority, (...)
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  • Against Draconian Penalties for Covid-19 Quarantine Infringements.Elias Moser - 2021 - Etikk I Praksis - Nordic Journal of Applied Ethics 2:17-28.
    In 2020, after the first Covid-19 lockdown, several countries implemented a policy of contact tracing and self-isolating for individuals who crossed borders or came into contact with infected people. To enforce these restrictions, some states imposed very harsh monetary penalties for people who violated them. Behind these harsh fines lies an instrumental rationale. They allow the state to avoid implementing a system of labor-intensive and costly surveillance and enforcement. In this article I argue that such severe penalties are extremely unjust. (...)
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  • When statistical evidence is not specific enough.Marcello Di Bello - 2021 - Synthese 199 (5-6):12251-12269.
    Many philosophers have pointed out that statistical evidence, or at least some forms of it, lack desirable epistemic or non-epistemic properties, and that this should make us wary of litigations in which the case against the defendant rests in whole or in part on statistical evidence. Others have responded that such broad reservations about statistical evidence are overly restrictive since appellate courts have expressed nuanced views about statistical evidence. In an effort to clarify and reconcile, I put forward an interpretive (...)
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  • The Real-Life Issue of Prepunishment.Preston Greene - 2022 - Social Theory and Practice 48 (3):507-523.
    When someone is prepunished, they are punished for a predicted crime they will or would commit. I argue that cases of prepunishment universally assumed to be merely hypothetical—including those in Philip K. Dick’s “The Minority Report”— are equivalent to some instances of the real-life punishment of attempt offenses. This conclusion puts pressure in two directions. If prepunishment is morally impermissible, as philosophers argue, then this calls for amendments to criminal justice theory and practice. At the same time, if prepunishment is (...)
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  • Democratic Citizenship and Denationalization.Patti Tamara Lenard - 2018 - American Political Science Review 112 (1):99-111.
    Are democratic states permitted to denationalize citizens, in particular those whom they believe pose dangers to the physical safety of others? In this article, I argue that they are not. The power to denationalize citizens—that is, to revoke citizenship—is one that many states have historically claimed for themselves, but which has largely been in disuse in the last several decades. Recent terrorist events have, however, prompted scholars and political actors to reconsider the role that denationalization can and perhaps should play (...)
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  • Outcome Effects, Moral Luck and the Hindsight Bias.Markus Kneer & Iza Skoczeń - 2023 - Cognition 232.
    In a series of ten preregistered experiments (N=2043), we investigate the effect of outcome valence on judgments of probability, negligence, and culpability – a phenomenon sometimes labelled moral (and legal) luck. We found that harmful outcomes, when contrasted with neutral outcomes, lead to increased perceived probability of harm ex post, and consequently to increased attribution of negligence and culpability. Rather than simply postulating a hindsight bias (as is common), we employ a variety of empirical means to demonstrate that the outcome-driven (...)
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  • Iudicium ex Machinae – The Ethical Challenges of Automated Decision-Making in Criminal Sentencing.Frej Thomsen - 2022 - In Julian Roberts & Jesper Ryberg (eds.), Principled Sentencing and Artificial Intelligence. Oxford University Press.
    Automated decision making for sentencing is the use of a software algorithm to analyse a convicted offender’s case and deliver a sentence. This chapter reviews the moral arguments for and against employing automated decision making for sentencing and finds that its use is in principle morally permissible. Specifically, it argues that well-designed automated decision making for sentencing will better approximate the just sentence than human sentencers. Moreover, it dismisses common concerns about transparency, privacy and bias as unpersuasive or inapplicable. The (...)
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  • On (not) Accepting the Punishment for Civil Disobedience.Piero Moraro - 2018 - Philosophical Quarterly 68 (272):503-520.
    Many believe that a citizen who engages in civil disobedience is not exempt from the sanctions that apply to standard law-breaking conduct. Since he is responsible for a deliberate breach of the law, he is also liable to punishment. Focusing on a conception of responsibility as answerability, I argue that a civil disobedient is responsible (i.e. answerable) to his fellows for the charges of wrongdoing, yet he is not liable to punishment merely for breaching the law. To support this claim, (...)
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  • Understanding standing: permission to deflect reasons.Ori J. Herstein - 2017 - Philosophical Studies 174 (12):3109-3132.
    Standing is a peculiar norm, allowing for deflecting that is rejecting offhand and without deliberation interventions such as directives. Directives are speech acts that aim to give directive-reasons, which are reason to do as the directive directs because of the directive. Standing norms, therefore, provide for deflecting directives regardless of validity or the normative weight of the rejected directive. The logic of the normativity of standing is, therefore, not the logic of invalidating directives or of competing with directive-reasons but of (...)
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  • Nonconsensual Neurocorrectives and Bodily Integrity: a Reply to Shaw and Barn.Thomas Douglas - 2016 - Neuroethics 12 (1):107-118.
    In this issue, Elizabeth Shaw and Gulzaar Barn offer a number of replies to my arguments in ‘Criminal Rehabilitation Through Medical Intervention: Moral Liability and the Right to Bodily Integrity’, Journal of Ethics. In this article I respond to some of their criticisms.
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  • Why Should We Care What the Public Thinks? A Critical Assessment of the Claims of Popular Punishment.Frej Klem Thomsen - 2014 - In Jesper Ryberg & Julian V. Roberts (eds.), Popular Punishment. Oxford University Press. pp. 119-145.
    The article analyses the necessary conditions an argument for popular punishment would need to meet, and argues that it faces the challenge of a dilemma of reasonableness: either popular views on punishment are unreasonable, in which case they should carry no weight, or they are reasonable, in which case the reasons that support them, not the views, should carry weight. It proceeds to present and critically discuss three potential solutions to the dilemma, arguing that only an argument for the beneficial (...)
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  • Time and Crime: Which Cold-Case Investigations Should Be Reheated.Jonathan A. Hughes & Monique Jonas - 2015 - Criminal Justice Ethics 34 (1):18-41.
    Advances in forensic techniques have expanded the temporal horizon of criminal investigations, facilitating investigation of historic crimes that would previously have been considered unsolvable. Public enthusiasm for pursuing historic crimes is exemplified by recent high-profile trials of celebrities accused of historic sexual offences. These circumstances give new urgency to the question of how we should decide which historic offences to investigate. A satisfactory answer must take into account the ways in which the passage of time can erode the benefits of (...)
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  • A Moral Predicament in the Criminal Law.Gary Watson - 2015 - Inquiry: An Interdisciplinary Journal of Philosophy 58 (2):168-188.
    This essay is about the difficulties of doing criminal justice in the context of severe social injustice. Having been marginalized as citizens of the larger community, those who are victims of severe social injustice are understandably alienated from the dominant political institutions, and, not unreasonably, disrespect their authority, including that of the criminal law. The failure of equal treatment and protection and the absence of anything like fair and decent life prospects for the members of the marginalized populations erode the (...)
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  • There but for the Grace of My Orbitofrontal Cortex …. [REVIEW]Frej Klem Thomsen - 2014 - Criminal Justice Ethics 33 (3):220-235.
    The human brain, with its 100 billion neurons working in intricate collaborations to create the physical basis of the memories, perceptions, thoughts, and emotions that together make me the person...
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  • Treating Inmates as Moral Agents: A Defense of the Right to Privacy in Prison.William Bülow - 2014 - Criminal Justice Ethics 33 (1):1-20.
    This paper addresses the question of prison inmates' right to privacy from an ethical perspective. I argue that the right to privacy is important because of its connection to moral agency and that the protection of privacy is warranted by different established philosophical theories about the justification of legal punishment. I discuss the practical implications of this argument by addressing two potential problems. First, how much privacy should be allowed during imprisonment in order to meet the criteria of respecting inmates (...)
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  • Communication, Punishment, and Virtue.Richard Bourne - 2014 - Journal of Religious Ethics 42 (1):78-107.
    This essay suggests that while Antony Duff's model of criminal punishment as secular penance is pregnant with possibilities for theological reception and reflection, it proceeds by way of a number of separations that are brought into question by the penitential traditions of Christianity. The first three of these—between justice and mercy, censure and invitation, and state and victim, constrain the true communicative character of his account of punishment. The second set of oppositions, between sacrament and virtue, interior character and external (...)
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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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  • Collective Agents and Communicative Theories of Punishment.Bill Wringe - 2012 - Journal of Social Philosophy 43 (4):436-456.
    This paper considers the applicability of expressive theories of punishment to the punishment of corporate entities. The author argues that although arguments which suggest that the denunciatory account is superior to a communicative account in paradigmatic cases of punishment cannot be transferred straightforwardly to cover this kind of case, there are other reasons, connected with the different attitudes we have to regret and remorse in individual and collective cases, for preferring a communicative to a denunciatory account here.
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  • Should the Late Stage Demented be Punished for Past Crimes?Annette Dufner - 2013 - Criminal Law and Philosophy 7 (1):137-150.
    The paper investigates whether it is plausible to hold the late stage demented criminally responsible for past actions. The concern is based on the fact that policy makers in the United States and in Britain are starting to wonder what to do with prison inmates in the later stages of dementia who do not remember their crimes anymore. The problem has to be expected to become more urgent as the population ages and the number of dementia patients increases. This paper (...)
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  • Two Claims About Desert.Nathan Hanna - 2013 - Pacific Philosophical Quarterly 94 (1):41-56.
    Many philosophers claim that it is always intrinsically good when people get what they deserve and that there is always at least some reason to give people what they deserve. I highlight problems with this view and defend an alternative. I have two aims. First, I want to expose a gap in certain desert-based justifications of punishment. Second, I want to show that those of us who have intuitions at odds with these justifications have an alternative account of desert at (...)
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  • A Retributive Argument Against Punishment.Greg Roebuck & David Wood - 2011 - Criminal Law and Philosophy 5 (1):73-86.
    This paper proposes a retributive argument against punishment, where punishment is understood as going beyond condemnation or censure, and requiring hard treatment. The argument sets out to show that punishment cannot be justified. The argument does not target any particular attempts to justify punishment, retributive or otherwise. Clearly, however, if it succeeds, all such attempts fail. No argument for punishment is immune from the argument against punishment proposed here. The argument does not purport to be an argument only against retributive (...)
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  • Some Meta-Theoretical Questions for Restorative Justice.Theo Gavrielides - 2005 - Ratio Juris 18 (1):84-106.
    Unquestionably, Restorative Justice (hereafter RJ) has finally gathered some real momentum. It has become a sine qua non topic in many national and international policy and statutory agendas. However, as the restorative practice expands to deal with crimes, ages and situations it has never addressed before (at least in its contemporary version), and as its application starts to make sense not only to national but also to regional and international bodies and fora, new theoretical problems are posed. In the fast-growing (...)
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  • The communicative aspects of civil disobedience and lawful punishment.Kimberley Brownlee - 2007 - Criminal Law and Philosophy 1 (2):179-192.
    A parallel may be drawn between the communicative aspect of civil disobedience and the communicative aspect of lawful punishment by the state. In punishing an offender, the state seeks to communicate both its condemnation of the crime committed and its desire for repentance and reformation on the part of the offender. Similarly, in civilly disobeying the law, a disobedient seeks to convey both her condemnation of a certain law or policy and her desire for recognition that a lasting change in (...)
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  • Punishment: Consequentialism.David Wood - 2010 - Philosophy Compass 5 (6):455-469.
    Punishment involves deliberating harming individuals. How, then, if at all, is it to be justified? This, the first of three papers on the philosophy of punishment (see also 'Punishment: Nonconsequentialism' and 'Punishment: The Future'), examines attempts to justify the practice or institution according to its consequences. One claim is that punishment reduces crime, and hence the resulting harms. Another is that punishment functions to rehabilitate offenders. A third claim is that punishment (or some forms of punishment) can serve to make (...)
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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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  • War crimes and expressive theories of punishment: Communication or denunciation?Bill Wringe - 2010 - Res Publica 16 (2):119-133.
    In a paper published in 2006, I argued that the best way of defending something like our current practices of punishing war criminals would be to base the justification of this practice on an expressive theory of punishment. I considered two forms that such a justification could take—a ‘denunciatory’ account, on which the purpose of punishment is supposed to communicate a commitment to certain kinds of standard to individuals other than the criminal and a ‘communicative’ account, on which the purpose (...)
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  • The passions of punishment.Nathan Hanna - 2009 - Pacific Philosophical Quarterly 90 (2):232-250.
    I criticize an increasingly popular set of arguments for the justifiability of punishment. Some philosophers try to justify punishment by appealing to what Peter Strawson calls the reactive attitudes – emotions like resentment, indignation, remorse and guilt. These arguments fail. The view that these emotions commit us to punishment rests on unsophisticated views of punishment and of these emotions and their associated behaviors. I offer more sophisticated accounts of punishment, of these emotions and of their associated behaviors that are consistent (...)
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  • The teleological account of proportional surveillance.Frej Klem Thomsen - 2020 - Res Publica (3):1-29.
    This article analyses proportionality as a potential element of a theory of morally justified surveillance, and sets out a teleological account. It draws on conceptions in criminal justice ethics and just war theory, defines teleological proportionality in the context of surveillance, and sketches some of the central values likely to go into the consideration. It then explores some of the ways in which deontologists might want to modify the account and illustrates the difficulties of doing so. Having set out the (...)
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  • Retributivism and Public Opinion: On the Context Sensitivity of Desert.Göran Duus-Otterström - 2018 - Criminal Law and Philosophy 12 (1):125-142.
    Retributivism may seem wholly uninterested in the fit between penal policy and public opinion, but on one rendition of the theory, here called ‘popular retributivism,’ deserved punishments are constituted by the penal conventions of the community. This paper makes two claims against this view. First, the intuitive appeal of popular retributivism is undermined once we distinguish between context sensitivity and convention sensitivity about desert. Retributivism in general can freely accept context sensitivity without being committed to the stronger notion of convention (...)
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  • Knowledge Problems and Proportionality.Daniel J. D'Amico - 2015 - Criminal Justice Ethics 34 (2):131-155.
    The proportionality standard demands a meaningful link between the severity of crimes and the punishments received for them. This article investigates the compatibility between this philosophical demand and the practical means most commonly associated with criminal justice provision: governmental decision making. In so far as criminal justice systems require the coordination of real human and physical resources, certain forms of knowledge and incentives are required to calculate, produce, and distribute outputs proportionately. Whereas markets rely upon pricing mechanisms to generate and (...)
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  • Pre-punishment, communicative theories of punishment, and compatibilism.Bill Wringe - 2012 - Pacific Philosophical Quarterly 93 (2):125-136.
    Saul Smilansky holds that there is a widespread intuition to the effect that pre-punishment – the practice of punishing individuals for crimes which they have not committed, but which we are in a position to know that they are going to commit – is morally objectionable. Smilanksy has argued that this intuition can be explained by our recognition of the importance of respecting the autonomy of potential criminals. (Smilansky, 1994) More recently he has suggested that this account of the intuition (...)
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  • Legal and moral responsibility.Antony Duff - 2009 - Philosophy Compass 4 (6):978-986.
    The paper begins with the plausible view that criminal responsibility should track moral responsibility, and explains its plausibility. A necessary distinction is then drawn between liability and answerability as two dimensions of responsibility, and is shown to underpin the distinction in criminal law between offences and defences. This enables us to distinguish strict liability from strict answerability, and to see that whilst strict criminal liability seems inconsistent with the principle that criminal responsibility should track moral responsibility, strict criminal answerability is (...)
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  • Measuring freedom, and its value.Nicolas Cote - 2021 - Dissertation, London School of Economics
    This thesis concerns the measurement of freedom, and its value. Specifically, I am concerned with three overarching questions. First, can we measure the extent of an individual’s freedom? It had better be that we can, otherwise much ordinary and intuitive talk that we would like to vindicate – say, about free persons being freer than slaves – will turn out to be false or meaningless. Second, in what ways is freedom valuable, and how is this value measured? It matters, for (...)
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  • Fairness-Based Retributivism Reconsidered.Göran Duus-Otterström - 2017 - Criminal Law and Philosophy 11 (3):481-498.
    In this paper, I defend fairness-based retributivism against two important objections, the no-benefit objection and the social injustice objection. I argue that the theory can defeat the no-benefit objection by developing an account of how crimes can be sources of unfairness by inflicting losses on people, and that it can blunt the social injustice objection by toning down the theory’s distributive aspirations. I conclude that fairness-based retributivism, contrary to received wisdom, merits further attention from legal and political philosophers.
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  • Punishment: The future.David Wood - 2010 - Philosophy Compass 5 (6):483-491.
    A companion to 'Punishment: Consequentialism' and 'Punishment: Nonconsequentialism', which examine attempts to justify punishment as a state institution, this paper considers possible alternatives to punishment. On the assumption that there are two elements to punishment, an element of condemnation and of hard treatment, the paper considers, first, the alternative of condemnation without hard treatment, and secondly, of hard treatment without condemnation. The paper then looks ahead to possible developments in thinking and theorising about punishment.
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  • Do Offenders Deserve Proportionate Punishments?Göran Duus-Otterström - 2021 - Criminal Law and Philosophy 15 (3):463-480.
    The aim of the paper is to investigate how retributivists should respond to the apparent tension between moral desert and proportionality in punishment. I argue that rather than attempting to show that the term ‘proportionate punishment’ refers to whatever penal treatment the offender morally deserves, retributivists should maintain two things: first, that a punishment is proportionate when it is commensurate to the seriousness of the crime; second, that offenders morally deserve proportionate punishments. This view requires adopting a local theory of (...)
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  • Unfit to live among others : Essays on the ethics of imprisonment.William Bülow - unknown
    This thesis provides an ethical analysis of imprisonment as a mode of punishment. Consisting in an introduction and four papers the thesis addresses several important questions concerning imprisonment from a number of different perspectives and theoretical starting points. One overall conclusion of this thesis is that imprisonment, as a mode of punishment, deserves more attention from moral and legal philosophers. It is also concluded that a more complete ethical assessment of prison conditions and prison management requires a broader focus. It (...)
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  • El punto de encuentro entre la teoría penal y la teoría democrática de Carlos Nino: A Meeting Point.Roberto Gargarella - 2015 - Análisis Filosófico 35 (2):187-206.
    En el trabajo, intento repensar la teoría penal de Carlos Nino, desarrollada durante sus estudios doctorales y posdoctorales, a la luz de su teoría de la democracia deliberativa, elaborada desde los años 80. Nino no tuvo la oportunidad de revisar plenamente sus estudios penales en la materia, luego de desarrollar su teoría de la democracia y este artículo se propone entonces dar algunos primeros pasos en esa dirección y explorar algunas posibles implicaciones de dicha tarea. In this work, I try (...)
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  • The Justice of Forgiveness.Daniel Philpott - 2013 - Journal of Religious Ethics 41 (3):400-416.
    Over the past generation, forgiveness has entered the political sphere in countries all over the globe that are addressing the past injustices of war, dictatorship, genocide, and the maltreatment of native peoples. Among the international community, however, the practice is controversial, criticized as unjust for burdening victims and foregoing deserved punishment. This essay argues that forgiveness is not contrary to justice but rather reflective of it if justice means restoration of right relationship, a concept embedded in the scriptures and traditions (...)
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  • Guit, Anger, and Retribution.Raffaele Rodogno - 2010 - Legal Theory 16 (1):59-76.
    This article focuses primarily on the emotion of guilt as providing a justification for retributive legal punishment. In particular, I challenge the claim according to which guilt can function as part of our epistemic justification of positive retributivism, that is, the view that wrongdoing is both necessary and sufficient to justify punishment. I show that the argument to this conclusion rests on two premises: (1) to feel guilty typically involves the judgment that one deserves punishment; and (2) those who feel (...)
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  • Shame, guilt, and punishment.Raffaele Rodogno - 2009 - Law and Philosophy 28 (5):429 - 464.
    The emotions of shame and guilt have recently appeared in debates concerning legal punishment, in particular in the context of so called shaming and guilting penalties. The bulk of the discussion, however, has focussed on the justification of such penalties. The focus of this article is broader than that. My aim is to offer an analysis of the concept of legal punishment that sheds light on the possible connections between punishing practices such as shaming and guilting penalties, on the one (...)
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  • Punishment as fair play.Richard Dagger - 2008 - Res Publica 14 (4):259-275.
    This article defends the fair-play theory of legal punishment against three objections. The first, the irrelevance objection, is the long-standing complaint that fair play fails to capture what it is about crimes that makes criminals deserving of punishment ; the others are the recently raised false-equivalence and lacks-integration objections. In response, I sketch an account of fair-play theory that is grounded in a conception of the political order as a meta- cooperative practice—a conception that falls somewhere between contractual and communitarian (...)
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  • The incompleteness of 'punishment as fair play': A response to dagger.Antony Duff - 2008 - Res Publica 14 (4):277-281.
    Richard Dagger (in this issue) provides perhaps the most persuasive version of a ‘fair play’ theory of criminal punishment, grounded in an attractive liberal republican political theory. But, I argue, his version of the theory still faces serious objections: that its explanation of why some central mala in se are properly criminalised is still distorting, despite his appeal to the burdens of ‘general compliance’; and that it cannot adequately explain (as it should explain) the differential seriousness and wrongfulness of different (...)
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  • Neuropsychology and the Criminal Responsibility of Psychopaths: Reconsidering the Evidence.Marko Jurjako & Luca Malatesti - 2018 - Erkenntnis 83 (5):1003-1025.
    Recently it has been argued that certain neuropsychological findings on the decision-making, instrumental learning, and moral understanding in psychopathic offenders offer reasons to consider them not criminally responsible, due to certain epistemic and volitional impairments. We reply to this family of arguments, that collectively we call the irresponsibility of the psychopath argument. This type of argument has a premise that describes or prescribes the deficiencies that grant or should grant partial or complete criminal exculpation. The other premise contends that neuropsychological (...)
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  • Revisionism and Desert.Lene Bomann-Larsen - 2010 - Criminal Law and Philosophy 4 (1):1-16.
    Revisionists claim that the retributive intuitions informing our responsibility-attributing practices are unwarranted under determinism, not only because they are false, but because if we are all victims of causal luck, it is unfair to treat one another as if we are deserving of moral and legal sanctions. One revisionist strategy recommends a deflationary concept of moral responsibility, and that we justify punishment in consequentialist rather than retributive terms. Another revisionist strategy recommends that we eliminate all concepts of guilt, blame and (...)
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  • Penal Coercion in Contexts of Social Injustice.Roberto Gargarella - 2011 - Criminal Law and Philosophy 5 (1):21-38.
    This article addresses the theoretical difficulty of justifying the use of penal coercion in circumstances of marked, unjustified social inequality. The intuitive belief behind the text is that in such a context—that of an indecent State—justifying penal coercion becomes very problematic, particularly when directed against the most disfavored members of society.
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  • Is It Morally Legitimate to Punish the Late Stage Demented for Their Past Crimes?Oliver Hallich - 2021 - The Journal of Ethics 25 (3):361-383.
    Are we justified in keeping the demented in prison for crimes they committed when they were still healthy? The answer to this question is an issue of considerable practical importance. The problem arises in cases where very aged criminals exhibit symptoms of dementia while serving their sentence. In these cases, one may wonder whether lodging these criminals in penal institutions rather than in normal caretaking facilities is justifiable. In this paper, I argue that there are justificatory reasons for punishing the (...)
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