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Retributivism revisited

Philosophical Studies 167 (2):473-484 (2014)

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  1. Two Ways of Thinking About the Value of Deserved Punishment.Richard L. Lippke - 2019 - The Journal of Ethics 23 (4):387-406.
    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 (...)
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  • Hitting Retributivism Where It Hurts.Nathan Hanna - 2019 - Criminal Law and Philosophy 13 (1):109-127.
    Many philosophers think that, when someone deserves something, it’s intrinsically good that she get it or there’s a non-instrumental reason to give it to her. Retributivists who try to justify punishment by appealing to claims about what people deserve typically assume this view or views that entail it. In this paper, I present evidence that many people have intuitions that are inconsistent with this view. And I argue that this poses a serious challenge to retributivist arguments that appeal to desert.
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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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  • Good Night and Good Luck - In Search of a Neuroscience Challenge to Criminal Justice.Frej Klem Thomsen - 2018 - Utilitas 30 (1):1-31.
    This article clarifies what a neuroscience challenge to criminal justice must look like by sketching the basic structure of the argument, gradually filling out the details and illustrating the conditions that must be met for the challenge to work. In the process of doing so it explores influential work by Joshua Greene and Jonathan Cohen, and Stephen Morse respectively, arguing that the former should not be understood to present a version of the challenge, and that the latter's argument against the (...)
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