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  1. Criminal Law and the Autonomy Assumption: Adorno, Bhaskar, and Critical Legal Theory.Craig Reeves - 2014 - Journal of Critical Realism 13 (4):339-367.
    This article considers and criticizes criminal law‘s assumption of the moral autonomy of individuals, showing how that view rests on questionable and obscure Kantian commitments about the self, and proposes a naturalistic alternative developed through a synthetic reading of Adorno‘s and Bhaskar‘s account of the subject in relation to nature and society. As an embodied, emergent, changing subject whose practically rational powers are emergent, polymorphous, and contingent, the subject‘s moral autonomy is dependent on the conditions for experiences of solidarity in (...)
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  • The Legal Self: Executive Processes and Legal Theory.William Hirstein & Katrina Sifferd - 2011 - Consciousness and Cognition 20 (1):151-176.
    When laws or legal principles mention mental states such as intentions to form a contract, knowledge of risk, or purposely causing a death, what parts of the brain are they speaking about? We argue here that these principles are tacitly directed at our prefrontal executive processes. Our current best theories of consciousness portray it as a workspace in which executive processes operate, but what is important to the law is what is done with the workspace content rather than the content (...)
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  • Criminal Responsibility and Neuroscience: No Revolution Yet.Ariane Bigenwald & Valerian Chambon - 2019 - Frontiers in Psychology 10.
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  • Kant's Mature Theory of Punishment, and a First Critique Ideal Abolitionist Alternative.Benjamin Vilhauer - forthcoming - In Matthew Altman (ed.), Palgrave Kant Handbook.
    This chapter has two goals. First, I will present an interpretation of Kant’s mature account of punishment, which includes a strong commitment to retributivism. Second, I will sketch a non-retributive, “ideal abolitionist” alternative, which appeals to a version of original position deliberation in which we choose the principles of punishment on the assumption that we are as likely to end up among the punished as we are to end up among those protected by the institution of punishment. This is radical (...)
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  • On the Criminal Culpability of Successful and Unsucessful Psychopaths.Katrina L. Sifferd & William Hirstein - 2013 - Neuroethics 6 (1):129-140.
    The psychological literature now differentiates between two types of psychopath:successful (with little or no criminal record) and unsuccessful (with a criminal record). Recent research indicates that earlier findings of reduced autonomic activity, reduced prefrontal grey matter, and compromised executive activity may only be true of unsuccessful psychopaths. In contrast, successful psychopaths actually show autonomic and executive function that exceeds that of normals, while having no difference in prefrontal volume from normals. We argue that many successful psychopaths are legally responsible for (...)
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  • Verantwortung oder Pflicht? Zur Frage der Aktualität und Unterscheidbarkeit zweier philosophischer Grundbegriffe.Beck Valentin - 2015 - Zeitschrift Für Praktische Philosophie 2 (2):165-202.
    Im diesem Aufsatz nehme ich die Popularität des Verantwortungsbegriffs in der Alltagssprache zum Anlass, um seinem Verhältnis zum Pflichtbegriff auf den Grund zu gehen. Dabei unterziehe ich den Verantwortungsbegriff zunächst einer allgemeinen Analyse. Anschließend diskutiere ich in Gestalt von Indeterminismus, Amoralismus und Interaktionismus drei Modi der missbräuchlichen Verwendung dieses Begriffs. Dabei handelt es sich jedoch bei genauerer Betrachtung um allgemeine rhetorische Verschleierungsstrategien, die nicht an die Verwendung des Verantwortungsbegriffs gebunden sind, sondern in der kommunikativen Bezugnahme auf moralische Forderungen generell auftreten (...)
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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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  • Three Cheers for Double Effect.Dana Kay Nelkin & Samuel C. Rickless - 2014 - Philosophy and Phenomenological Research 89 (1):125-158.
    The doctrine of double effect, together with other moral principles that appeal to the intentions of moral agents, has come under attack from many directions in recent years, as have a variety of rationales that have been given in favor of it. In this paper, our aim is to develop, defend, and provide a new theoretical rationale for a secular version of the doctrine. Following Quinn (1989), we distinguish between Harmful Direct Agency and Harmful Indirect Agency. We propose the following (...)
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  • From Freedom From to Freedom To: New Perspectives on Intentional Action.Sofia Bonicalzi & Patrick Haggard - 2019 - Frontiers in Psychology 10.
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  • The Frege–Geach Problem, Modus Ponens, and Legal Language.Vitaly Ogleznev - 2018 - Problemos 93.
    [full article, abstract in English; only abstract in Lithuanian] This paper proposes a new pragmatic interpretation of the Frege–Geach problem and presents a possible solution using a model of ascriptive legal language. The first section includes the definition of the Frege–Geach problem. In the second section, I analyze the content of Geach’s critical argument against prescriptivism in ethics. I discuss what Geach means by ascriptivism, why he mixes it with prescriptivism, and why a particular article by Herbert Hart became the (...)
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  • A Primer on the Distinction Between Justification and Excuse.Andrew Botterell - 2009 - Philosophy Compass 4 (1):172-196.
    This article is about the distinction between justification and excuse, a distinction which, while familiar, remains controversial. My discussion focuses on three questions. First, what is the distinction? Second, why is it important? And third, what are some areas of inquiry in which the distinction might be philosophically fruitful? I suggest that the distinction has practical and theoretical consequences, and is therefore worth taking seriously; I highlight two philosophical issues in which the distinction might play a useful role; but I (...)
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  • Tough Luck and Tough Choices: Applying Luck Egalitarianism to Oral Health.Andreas Albertsen - 2015 - Journal of Medicine and Philosophy 40 (3):342-362.
    Luck egalitarianism is often taken to task for its alleged harsh implications. For example, it may seem to imply a policy of nonassistance toward uninsured reckless drivers who suffer injuries. Luck egalitarians respond to such objections partly by pointing to a number of factors pertaining to the cases being debated, which suggests that their stance is less inattentive to the plight of the victims than it might seem at first. However, the strategy leaves some cases in which the attribution of (...)
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  • Pushing the Margins of Responsibility: Lessons From Parks’ Somnambulistic Killing.Filippo Santoni de Sio & Ezio Di Nucci - 2018 - Neuroethics 11 (1):35-46.
    David Shoemaker has claimed that a binary approach to moral responsibility leaves out something important, namely instances of marginal agency, cases where agents seem to be eligible for some responsibility responses but not others. In this paper we endorse and extend Shoemaker’s approach by presenting and discussing one more case of marginal agency not yet covered by Shoemaker or in the other literature on moral responsibility. Our case is that of Kenneth Parks, a Canadian man who drove a long way (...)
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  • Moral Responsibility Beyond Classical Compatibilist and Incompatibilist Accounts.Sofia Bonicalzi - 2013 - Prolegomena 12 (1):21-41.
    The concept of “moral responsibility” has almost always been defined in relation to a certain idea of metaphysical freedom and to a conception of the physical world. So, classically, for indeterminist thinkers, human beings are free and therefore responsible, if their choices are not defined by a previous state of the world but derive from an autonomous selection among a set of alternatives. Differently, for the majority of determinist philosophers , the only form of freedom we need has to be (...)
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  • Intention and Attempt.Vincent Chiao - 2010 - Criminal Law and Philosophy 4 (1):37-55.
    Anglo-American criminal law traditionally demands a criminal purpose for an attempt conviction, even when the crime attempted requires only foresight or recklessness. Some legal philosophers have defended this rule by appeal to an alleged difference in the moral character or intentional structure of intended versus non-intended harms. I argue that there are reasons to be skeptical of any such differences; and that even if conceded, it is only on the basis of an unworkable view of criminal responsibility that such a (...)
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  • Are Psychopaths Legally Insane?Anneli Jefferson & Katrina Sifferd - 2018 - European Journal of Analytic Philosophy 14 (1):79-96.
    The question of whether psychopaths are criminally and morally responsible has generated significant controversy in the literature. In this paper, we discuss what relevance a psychopathy diagnosis has for criminal responsibility. It has been argued that figuring out whether psychopathy is a mental illness is of fundamental importance, because it is a precondition for psychopaths’ eligibility to be excused via the legal insanity defense. But even if psychopathy counts as a mental illness, this alone is not sufficient to show the (...)
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  • Dementia in Prison: Ethical and Legal Implications.S. Fazel - 2002 - Journal of Medical Ethics 28 (3):156-159.
    As the number of elderly prisoners increases in the UK and other Western countries, there will be individuals who develop dementia whilst in custody. We present two case vignettes of men with dementia in English prisons, and explore some of the ethical implications that their continuing detention raises. We find little to support their detention in the various purposes of prison put forward by legal philosophers and penologists, and conclude by raising some of the possible implications of The Human Rights (...)
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  • The Problem of Many Hands: Climate Change as an Example.Ibo van de Poel, Jessica Fahlquist, Neelke Doorn, Sjoerd Zwart & Lambèr Royakkers - 2012 - Science and Engineering Ethics 18 (1):49-67.
    In some situations in which undesirable collective effects occur, it is very hard, if not impossible, to hold any individual reasonably responsible. Such a situation may be referred to as the problem of many hands. In this paper we investigate how the problem of many hands can best be understood and why, and when, it exactly constitutes a problem. After analyzing climate change as an example, we propose to define the problem of many hands as the occurrence of a gap (...)
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  • Causal Responsibility and Counterfactuals.David A. Lagnado, Tobias Gerstenberg & Ro'I. Zultan - 2013 - Cognitive Science 37 (6):1036-1073.
    How do people attribute responsibility in situations where the contributions of multiple agents combine to produce a joint outcome? The prevalence of over-determination in such cases makes this a difficult problem for counterfactual theories of causal responsibility. In this article, we explore a general framework for assigning responsibility in multiple agent contexts. We draw on the structural model account of actual causation (e.g., Halpern & Pearl, 2005) and its extension to responsibility judgments (Chockler & Halpern, 2004). We review the main (...)
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  • Responsible Computers? A Case for Ascribing Quasi-Responsibility to Computers Independent of Personhood or Agency.Bernd Carsten Stahl - 2006 - Ethics and Information Technology 8 (4):205-213.
    There has been much debate whether computers can be responsible. This question is usually discussed in terms of personhood and personal characteristics, which a computer may or may not possess. If a computer fulfils the conditions required for agency or personhood, then it can be responsible; otherwise not. This paper suggests a different approach. An analysis of the concept of responsibility shows that it is a social construct of ascription which is only viable in certain social contexts and which serves (...)
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  • The Case for Leverage-Based Corporate Human Rights Responsibility.Stepan Wood - 2012 - Business Ethics Quarterly 22 (1):63-98.
    Should companies’ human rights responsibilities arise, in part, from their “leverage”—their ability to influence others’ actions through their relationships? Special Representative John Ruggie rejected this proposition in the United Nations Framework for business and human rights. I argue that leverage is a source of responsibility where there is a morally significant connection between the company and a rights-holder or rights-violator, the company is able to make a contribution to ameliorating the situation, it can do so at modest cost, and the (...)
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  • Is Ignorance of Climate Change Culpable?Philip Robichaud - 2017 - Science and Engineering Ethics 23 (5):1409-1430.
    Sometimes ignorance is an excuse. If an agent did not know and could not have known that her action would realize some bad outcome, then it is plausible to maintain that she is not to blame for realizing that outcome, even when the act that leads to this outcome is wrong. This general thought can be brought to bear in the context of climate change insofar as we think (a) that the actions of individual agents play some role in realizing (...)
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  • Geach and Ascriptivism: Beside the Point.Luís Duarte D'Almeida - 2016 - Journal for the History of Analytical Philosophy 4 (6).
    This paper discusses the first incarnation of what came to be known as the “Frege-Geach” point. The point was made by Peter Geach in his 1960 essay “Ascriptivism”, and developed in “Assertion”, a 1965 piece. Geach’s articles launch a wholesale attack on theories of non-descriptive performances advanced by “some Oxford philosophers” whom he accuses of ignoring “the distinction between calling a thing ‘P’ and predicating ‘P’ of a thing”. One view that Geach specifically targets is H. L. A. Hart’s claim (...)
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  • When is Negligent Inadvertence Culpable?Kenneth W. Simons - 2011 - Criminal Law and Philosophy 5 (2):97-114.
    Doug Husak suggests that sometimes an actor should be deemed reckless, and not merely negligent, with respect to the risks that she knowingly created but has forgotten at the moment of action. The validity of this conclusion, he points out, depends crucially on what it means to be aware of a risk. Husak’s neutral prompt and counterfactual actual belief criteria are problematic, however. More persuasive is his suggestion that we understand belief, in this moral and criminal law context, as a (...)
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  • Electronic Monitoring of Offenders: An Ethical Review.William Bülow - 2014 - Science and Engineering Ethics 20 (2):505-518.
    This paper considers electronic monitoring (EM) a promising alternative to imprisonment as a criminal sanction for a series of criminal offenses. However, little has been said about EM from an ethical perspective. To evaluate EM from an ethical perspective, six initial ethical challenges are addressed and discussed. It is argued that since EM is developing as a technology and a punitive means, it is urgent to discuss its ethical implications and incorporate moral values into its design and development.
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  • From Being Unaccountable to Suffering From Severe Mental Disorder and (Possibly) Back Once Again to Being Unaccountable.Christer Svennerlind - 2015 - Dialogues in Philosophy, Mental and Neuro Sciences 8 (2):45-58.
    From 1965, the Swedish penal law does not require accountability as a condition for criminal responsibility. Instead, severely mentally disordered offenders are sentenced to forensic psychiatric care. The process that led to the present legislation had its origins in a critique of the concept of accountability that was first launched 50 years earlier by the founding father of Swedish forensic psychiatry, Olof Kinberg. The concept severe mental disorder is part of the Criminal Code as well as the Compulsory Mental Act. (...)
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  • The Intelligibility of Extralegal State Action: A General Lesson for Debates on Public Emergencies and Legality.François Tanguay-Renaud - 2010 - Legal Theory 16 (3):161-189.
    Some legal theorists deny that states can conceivably act extra-legally, in the sense of acting contrary to domestic law. This position finds its most robust articulation in the writings of Hans Kelsen, and has more recently been taken up by David Dyzenhaus in the context of his work on emergencies and legality. This paper seeks to demystify their arguments and, ultimately, contend that we can intelligibly speak of the state as a legal wrongdoer or a legally unauthorized actor.
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  • Bentham on Presumed Offences.Frederick Schauer - 2011 - Utilitas 23 (4):363-379.
    In the Principles of the Penal Code, Jeremy Bentham described offences that he labelled presumed or evidentiary. The conduct penalized under such offences is punished not because it is intrinsically wrong, but because it probabilistically indicates the presence of an intrinsic wrong. Bentham was sceptical of the need to create offences, but grudgingly accepted their value in light of deficiencies in procedure and the judiciary. These days the scepticism is even greater, with courts and commentators in the United States, Canada, (...)
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  • Unfit to Live Among Others : Essays on the Ethics of Imprisonment.Bülow William - 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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  • Happiness in Prison.Sabrina Intelisano - unknown
    In this thesis I am going to explore the relationship between happiness and imprisonment. I will discuss three theories of happiness - hedonism, life satisfaction theories and emotional states theories. I will argue that the main problem of these theories is that they take happiness to consist only of psychological states. Because of this, I will turn my attention towards those theories that evaluate happiness in terms of how well life is going for the person who is living it. I (...)
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  • Against Doxastic Compatibilism.Rik Peels - 2014 - Philosophy and Phenomenological Research 89 (1):679-702.
    William Alston has argued that the so-called deontological conception of epistemic justification, on which epistemic justification is to be spelled out in terms of blame, responsibility, and obligations, is untenable. The basic idea of the argument is that this conception is untenable because we lack voluntary control over our beliefs and, therefore, cannot have any obligations to hold certain beliefs. If this is convincing, however, the argument threatens the very idea of doxastic responsibility. For, how can we ever be responsible (...)
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  • Ethics in the Minutiae: Examining the Role of the Physical Laboratory Environment in Ethical Discourse.Louise Bezuidenhout - 2015 - Science and Engineering Ethics 21 (1):51-73.
    Responsibility within life science research is a highly scrutinised field. Increasingly, scientists are presented with a range of duties and expectations regarding their conduct within the research setting. In many cases, these duties are presented deontologically, forgoing extensive discussion on how these are practically implemented into the minutiae of daily research practices. This de-contextualized duty has proven problematic when it comes to practical issues of compliance, however it is not often considered as a fundamental aspect of building ethics discourse. This (...)
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  • Moral Harm and Moral Responsibility: A Defence of Ascriptivism.Pietro Denaro - 2012 - Ratio Juris 25 (2):149-179.
    This paper investigates the relations between the concepts of moral harm and moral responsibility, arguing for a circularity between the two. On this basis the conceptual soundness of descriptivism, on which consequentialist and non-consequentialist arguments are often grounded, is questioned. In the last section a certain version of ascriptivism is defended: The circularity is relevant in order to understand how a restricted version of ascriptivism may in fact be well founded.
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  • Fair Play, Political Obligation, and Punishment.Zachary Hoskins - 2011 - Criminal Law and Philosophy 5 (1):53-71.
    This paper attempts to establish that, and explain why, the practice of punishing offenders is in principle morally permissible. My account is a nonstandard version of the fair play view, according to which punishment 's permissibility derives from reciprocal obligations shared by members of a political community, understood as a mutually beneficial, cooperative venture. Most fair play views portray punishment as an appropriate means of removing the unfair advantage an offender gains relative to law-abiding members of the community. Such views (...)
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  • Whistleblowing and Management Accounting: An Approach. [REVIEW]Stephen E. Loeb & Suzanne N. Cory - 1989 - Journal of Business Ethics 8 (12):903 - 916.
    In this paper, we consider the licensing of and codes of ethics that affect the accountant not in public accounting, the potential for an accountant not in public accounting encountering an ethical conflict situation, and the moral responsibility of such accountant when faced with an ethical dilemma. We review an approach suggested by the National Association of Accountants for dealing with an ethical conflict situation including that association's position on whistleblowing. We propose another approach based on the work of De (...)
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  • What Punishment for the Murder of 10,000?Michael Davis - 2010 - Res Publica 16 (2):101-118.
    Those who commit crime on a grand scale, numbering their victims in the thousands, seem to pose a special problem both for consequentialist and for non-consequentialist theories of punishment, a problem the International Criminal Court makes practical. This paper argues that at least one non-consequentialist theory of punishment, the fairness theory, can provide a justification of punishment for great crimes. It does so by dividing the question into two parts, the one of proportion which it answers directly, and the other (...)
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  • The Relevance of Intention to Criminal Wrongdoing.Dana Kay Nelkin & Samuel C. Rickless - 2016 - Criminal Law and Philosophy 10 (4):745-762.
    In this paper, we defend the general thesis that intentions are relevant not only to moral permissibility and impermissibility, but also to criminal wrongdoing, as well as a specific version of the Doctrine of Double Effect that we believe can help solve some challenging puzzles in the criminal law. We begin by answering some recent arguments that marginalize or eliminate the role of intentions as components of criminal wrongdoing [e.g., Alexander and Ferzan, Chiao, Walen ]. We then turn to some (...)
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  • The Value of Evidence and Evidence of Values: Bringing Together Values‐Based and Evidence‐Based Practice in Policy and Service Development in Mental Health.Kenneth W. M. Fulford - 2011 - Journal of Evaluation in Clinical Practice 17 (5):976-987.
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  • Norms and Normalization: Michel Foucault's Overextended Panoptic Machine. [REVIEW]Margaret A. Paternek - 1987 - Human Studies 10 (1):97 - 121.
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  • Emotionology in Prose: A Study of Descriptions of Emotions From Three Literary Periods.Matthew P. Spackman & W. Gerrod Parrott - 2001 - Cognition and Emotion 15 (5):553-573.
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  • Pride and Identity.Jerome Neu - 1998 - Midwest Studies in Philosophy 22 (1):227-248.
    Christian theology still condemns the sin of pride, yet many modern political movements stake their claims in terms of pride (Black Pride, Gay Pride, Deaf Pride, etc.). In the age of identity politics, it would seem pride may help to overcome self-loathing and to transform society. To see the appropriate personal and political place of pride, one must properly understand the differing roles of responsibility and value in the constitution of pride. A distinction between self-respect and self-esteem also helps clarify (...)
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  • Coming Clean About the Criminal Law.James Edwards - 2011 - Criminal Law and Philosophy 5 (3):315-332.
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  • Are ‘Optimistic’ Theories of Criminal Justice Psychologically Feasible? The Probative Case of Civic Republicanism.Victoria McGeer & Friederike Funk - 2017 - Criminal Law and Philosophy 11 (3):523-544.
    ‘Optimistic’ normative theories of criminal justice aim to justify criminal sanction in terms of its reprobative/rehabilitative value rather than its punitive nature as such. But do such theories accord with ordinary intuitions about what constitutes a ‘just’ response to wrongdoing? Recent empirical work on the psychology of punishers suggests that human beings have a ‘brutely retributive’ moral psychology, making them unlikely to endorse normative theories that sacrifice retribution for the sake of reprobation or rehabilitation; it would mean, for example, that (...)
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  • Political Neutrality and Punishment.Matt Matravers - 2013 - Criminal Law and Philosophy 7 (2):217-230.
    This paper is concerned with the tensions that arise when one juxtaposes one important liberal understanding of the nature and use of state power in circumstances of pluralism and (broadly) retributive accounts of punishment. The argument is that there are aspects of the liberal theory that seem to be in tension with aspects of retributive punishment, and that these tensions are difficult to avoid because of the attractiveness of precisely those features of each account. However, a proper understanding of both (...)
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  • Consenting to Counter-Normative Sexual Acts: Differential Effects of Consent on Anger and Disgust as a Function of Transgressor or Consenter.Pascale Sophie Russell & Jared Piazza - 2015 - Cognition and Emotion 29 (4):634-653.
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  • Moral Luck and Liability Lotteries.Guy Sela - 2010 - Res Publica 16 (3):317-331.
    Adversaries of Moral Luck (AMLs) are at pains to explain why wrongdoers are liable to bear burdens (punishment, compensation etc.) which are related to the harm they cause, because the consequences of what we do are a matter of luck. One attempt to solve this problem suggests that wrongdoers who cause more harm are liable to bear a greater burden not because they are more blameworthy but rather because they get the short straw in a liability lottery (represented by the (...)
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  • Punishment and the Purification of Moral Taint.Johann A. Klaassen - 1996 - Journal of Social Philosophy 27 (2):51-64.
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  • Choice and Culpability.Dylan Brian Futter - 2005 - Philosophical Papers 34 (2):173-188.
    Abstract In this paper, I take exception with a widely held philosophical doctrine, according to which agents are morally responsible only for actions they have intentionally done, or chosen to bring about. I argue that that there are positive duties of consideration and proper regard that make sense of holding persons responsible in the absence of any choice to commit wrong acts.
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  • Saying Something Interesting About Responsibility for Health.Paul C. Snelling - 2012 - Nursing Philosophy 13 (3):161-178.
    The concept of responsibility for health is a significant feature of health discourse and public health policy, but application of the concept is poorly understood. This paper offers an analysis of the concept in two ways. Following an examination of the use of the word ‘responsibility’ in the nursing and wider health literature using three examples, the concept of ‘responsibility for health’ as fulfilling a social function is discussed with reference to policy documents from the UK. The philosophical literature on (...)
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  • Punishment and Proportionality.John Deigh - 2014 - Criminal Justice Ethics 33 (3):185-199.
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