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  1. Justification of Sentencing Decisions: Development of a Ratio-Based Measure Tested on Child Neglect Cases.Eiichiro Watamura, Tomohiro Ioku & Toshihiro Wakebe - 2022 - Frontiers in Psychology 12.
    Theoretically, people’s justification of a sentencing decision involves a hybrid structure comprising retribution, incapacitation, general deterrence, and rehabilitation. In this study, a new ratio-type measure was developed to assess this structure and was tested to detect changes in the weighting of justification according to the content emphasized in a particular crime. Two child neglect scenarios were presented to participants, where they read either a severe-damage scenario or a moderate-damage scenario. Participants then indicated the proportion of importance they placed on each (...)
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  • Giving Desert its Due: Social Justice and Legal Theory.Wojciech Sadurski - 1985 - D. Reidel Publishing Company.
    During the last half of the twentieth century, legal philosophy (or legal theory or jurisprudence) has grown significantly. It is no longer the domain of a few isolated scholars in law and philosophy. Hundreds of scholars from diverse fields attend international meetings on the subject. In some universities, large lecture courses of five hundred students or more study it. The primary aim of the Law and Philosophy Library is to present some of the best original work on legal philosophy from (...)
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  • The Theory of the Offender's Forfeited Right.Brian Rosebury - 2015 - Criminal Justice Ethics 34 (3):259-283.
    In justifying punishment we sometimes appeal to the idea that the punished offender has, by his criminal action against others, forfeited his moral right (and therefore his legal right) against hard treatment by the state. The imposition of suffering, or deprivation of liberty, loses its prima facie morally objectionable character, and becomes morally permissible. Philosophers interrogating the forfeited right theory generally focus on whether the forfeiting of the right constitutes a necessary or a sufficient condition for punishment to be permissible; (...)
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  • Was Ellen Wronged?Stephen P. Garvey - 2013 - Criminal Law and Philosophy 7 (2):185-216.
    Imagine a citizen (call her Ellen) engages in conduct the state says is a crime, for example, money laundering. Imagine too that the state of which Ellen is a citizen has decided to make money laundering a crime. Does the state wrong Ellen when it punishes her for money laundering? It depends on what you think about the authority of the criminal law. Most criminal law scholars would probably say that the criminal law as such has no authority. Whatever authority (...)
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  • Punishment, dignity and degradation.R. Anthony Duff - 2005 - Oxford Journal of Legal Studies 25 (1):141-155.
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  • Reductivism, Retributivism, and the Civil Detention of Dangerous Offenders.David Wood - 1997 - Utilitas 9 (1):131.
    The paper examines one objection to the suggestion that, rather than being subjected to extended prison sentences on the one hand, or simply released on the other, dangerous offenders should be in principle liable to some form of civil detention on completion of their normal sentences. This objection raises the spectre of a, pursuing various reductivist means outside the criminal justice system. The objection also threatens to undermine dualist theories of punishment, theories which combine reductivist and retributivist considerations. The paper (...)
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  • Punishment.Hugo Adam Bedau - 2008 - Stanford Encyclopedia of Philosophy.
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  • Punishing with Care: treating offenders as equal persons in criminal punishment.Helen Brown Coverdale - 2013 - Dissertation, The London School of Economics and Political Science
    Most punishment theories acknowledge neither the full extent of the harms which punishment risks, nor the caring practices which punishment entails. Consequently, I shall argue, punishment in most of its current conceptualizations is inconsistent with treating offenders as equals qua persons. The nature of criminal punishment, and of our interactions with offenders in punishment decision-making and delivery, risks causing harm to offenders. Harm is normalized when central to definitions of punishment, desensitizing us to unintended harms and obscuring caring practices. Offenders (...)
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