Emotions are often met with suspicion in political debates about risky technologies, because they are seen as contrary to rational decision making. However, recent emotion research rejects such a dichotomous view of reason and emotion, by seeing emotions as an important source of moral insight. Moral emotions such as compassion and feelings of responsibility and justice can play an important role in judging ethical aspects of technological risks, such as justice, fairness, and autonomy. This article discusses how this idea can (...) be integrated into approaches for political decision making about risk. The article starts with an analysis of the dichotomous view of reason and emotion in risk theory, in approaches to participatory risk assessment as well as in relevant approaches to political philosophy. This article then presents alternative approaches in political philosophy and political theory that do explicitly endorse the importance of emotions. Based on these insights, a procedural approach for policy making is presented, in which emotional responses to technological risks, and the ethical concerns that lie behind them, are taken seriously. This approach allows for morally better political decisions about risky technologies and a better understanding between experts and laypeople. (shrink)

In Introduction Bentham considers a difficulty. If the immediate aim of punishment is to deter agents considering breaking the law, then the severity of the threat of punishment must increase if they are strongly tempted to offend. But it seems intuitively that some people who were strongly tempted to offend should be punished leniently. Bentham argues in response that all potential offenders capable of being deterred must be deterred. He makes three mistakes. It is possible that it would produce the (...) most happiness at t2 to punish an offender who could have been deterred at t1, but was not. The Principle of Utility might condemn the threats that would be needed to deter all potential offenders who can be deterred. Given the dispositions to reoffend of some strongly tempted offenders, their punishments should be relatively lenient. There is more room for leniency in Bentham's theory than he realized. (shrink)

A number of philosophers and legal scholars have pointed out a fact about punishment that had not been sufficiently appreciated by many traditional accounts, utilitarian, retributive, or ‘mixed’: that evil inflicted on the person punished is not an evil simpliciter , but rather the expression of an important social message—that punishment is a kind of language. The message which it is seen to communicate can broadly be described as condemnation by society of the crime committed. In what is still the (...) only attempt at a general and critical discussion— Anthony Skillen's ‘How to say Things with Walls’—this way of understanding punishment is termed ‘expressionism’. In this paper I propose to sort out the main varieties of expressionism in the philosophy of punishment, and to discuss some of their pros and cons. (shrink)

Most of the standard arguments against the retributive theory of punishment are hardly new. That the retributive view of punishment is but a rationalization of a primitive urge for revenge; that the retributivists, instead of providing an answer to the question about the source of our moral right to add a new evil to an already perpetrated one , simply assert dogmatically that punishment is an intrinsic good, i.e. something that needs no further moral justification; that it is impossible to (...) apply the lex talionis in practice; that the retributivist thesis that the criminal has a right to punishment is absurd, because the criminal himself would be the first to deny that he has any such right; that the retributive theory is incompatible with the claims of forgiveness and mercy; that the practical consequences of the theory are conservative, the theory itself being in fact an apology for the existing laws and the existing social order; that the Hegelian idea of punishment as a ‘negation’ or ‘annulment’ of crime is either unintelligible or essentially utilitarian in character–most of this had been said already in the last century, or even earlier. All these arguments are still in use. 1 But in recent literature–in a number of papers published in the last twenty years or so–we find a new argument against the retributive theory. It is only natural that this particular argument should not have been used earlier: methodologically it is typical of a philosophical orientation which emerged only in our century–analytical philosophy. (shrink)

This article examines the three works of Jeremy Bentham on capital punishment dating Irom 1775, 1809, and 1831. Besides Hugo Bedau’s analysis of Bentham’s 1775 and 1831 works and James Crimmins’s assessment of Bentham’s 1809 work, little attention has been paid to his abolitionist arguments on this contentious issue. I review some of the developments in Bentham’s position, noting where the later work corrects some deficiencies in the earlier work, and I assess the cogency of the position as it evolves. (...) I concentrate on deterrence and irremissibility, though I also comment on his discussion of popularity in his 1831 address and his 1775 essay.Cet article se penche sur les trois textes qu’a écrits Jeremy Bentham sur la peine capitale (ils datent de 1775, 1809 et 1831). Hormis l’analyse qu’a faite Hugo Bedau des textes de 1775 et 1831 et la prise en compte, par Benjamin Crimmins, de celui de 1809, la position abolitionniste de Bentham sur cette question controversée ne s’est méritée que très peu d’attention de la part des spécialistes. Je passe en revue le développement de quelques-unes des argumentations de Bentham, en soulignant sur quels points les ouvrages publiés plus tard corrigent certains délauts de ceux publiés auparavant, et j’évalue la cohérence de son argumentation dans le cadre de cette évolution. Je concentre mon attention sur les notions de dissuasion et d’irrémissibilité, tout en commentant le traitement qu’il fait de la question de lapopularité dans son discours de 1831 et dans son texte de 1775. (shrink)

The reform of offenders is often said to be one of the morally legitimate aims of punishment. After briefly surveying the history of reformist thinking I examine the ‘quasi-reform’ theories, as I call them, of H. Morris, J. Hampton and A. Duff. I explain how they conceive of reform, and what role they take it to have in the criminal justice system. I then focus critically on one feature of their conception of reform, namely, the claim that a reformed offender (...) will obey the relevant laws for moral reasons. I argue on consequentialist grounds that this requirement is objectionable. Consequentialism has always accepted reform as one legitimate goal of punishment, but it will not accept the narrowly moral conception of it that we find in the quasi-reform theorists. I situate my criticism within criminal law theory, but I also consider the claim in moral theory that acting from moral motives has intrinsic value. (shrink)

Numerous retributivists hold that deserved punishment has intrinsic value. A number of puzzles regarding that claim are identified and discussed. An alternative, more Kantian account of intrinsic value is then identified and the ways in which legal punishment might be understood to cohere with it are explored. That account focuses on the various ways in which legal punishment might be persons-respecting. It is then argued that this Kantian account enables us to solve or evade the puzzles generated by the other (...) intrinsic value account. (shrink)

Jonathan Dancy works within almost all fields of philosophy but is best known as the leading proponent of moral particularism. Particularism challenges “traditional” moral theories, such as Contractualism, Kantianism and Utilitarianism, in that it denies that moral thought and judgement relies upon, or is made possible by, a set of more or less well-defined, hierarchical principles. During the summer of 2006, the Philosophy Departments of Lund University (Sweden) and the University of Reading (England) began a series of exchanges to take (...) place every other year, alternating between the departments. Andreas Lind and Johan Brännmark arranged to meet Dancy during the first meeting in Lund to talk about questions regarding particularism, moral theory and the shape of the analytical tradition. The major part of the conversation is printed below. (shrink)