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Punitive intent

Philosophical Studies 179 (2):655 - 669 (2022)

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  1. Against Legal Punishment.Nathan Hanna - 2022 - In Matthew C. Altman (ed.), The Palgrave Handbook on the Philosophy of Punishment. Palgrave-Macmillan. pp. 559-78.
    I argue that legal punishment is morally wrong because it’s too morally risky. I first briefly explain how my argument differs from similar ones in the philosophical literature on legal punishment. Then I explain why legal punishment is morally risky, argue that it’s too morally risky, and discuss objections. In a nutshell, my argument goes as follows. Legal punishment is wrong because we can never sufficiently reduce the risk of doing wrong when we legally punish people. We can never sufficiently (...)
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  • Expanding The Scope of The Epistemic Argument to Cover Nonpunitive Incapacitation.Elizabeth Shaw - 2024 - Diametros 21 (79):132-145.
    A growing number of theorists have launched an epistemic challenge against retributive punishment. This challenge involves the core claim that it is wrong (intentionally) to inflict serious harm on someone unless the moral argument for doing so has been established to a high standard of credibility. Proponents of this challenge typically argue that retributivism fails to meet the required epistemic standard, because retributivism relies on a contentious conception of free will, about whose existence we cannot be sufficiently certain. However, the (...)
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