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  1. Perp Walks as Punishment.Bill Wringe - 2015 - Ethical Theory and Moral Practice 18 (3):615-629.
    When Dominique Strauss-Kahn, then head of the IMF, was arrested on charges of sexual assault arising from events that were alleged to have occurred during his stay in an up-market hotel in New York, a sizeable portion of French public opinion was outraged - not by the possibility that a well-connected and widely-admired politician had assaulted an immigrant hotel worker, but by the way in which the accused had been treated by the American authorities. I shall argue that in one (...)
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  • Could the Presumption of Innocence Protect the Guilty?Patrick Tomlin - 2014 - Criminal Law and Philosophy 8 (2):431-447.
    At criminal trial, we demand that those accused of criminal wrongdoing be presumed innocent until proven guilty beyond any reasonable doubt. What are the moral and/or political grounds of this demand? One popular and natural answer to this question focuses on the moral badness or wrongness of convicting and punishing innocent persons, which I call the direct moral grounding. In this essay, I suggest that this direct moral grounding, if accepted, may well have important ramifications for other areas of the (...)
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  • The Criteria of Punishment: Some Neglected Considerations.Tziporah Kasachkoff - 1973 - Canadian Journal of Philosophy 2 (3):363 - 377.
    Discussion concerning the meaning and analysis of “punishment” has centered, in large measure, on claims for a logical connection between “punishment” and “guilt.” However, more and more in the literature focus has shifted from guilt as the defining feature of “punishment” to guilt as only one of many constitutive conditions satisfaction of which is necessary for standard cases with allowance made for other correct, though secondary, uses of the term.
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  • (1 other version)Note on Defining 'Punishment'.Don E. Scheid - 1980 - Canadian Journal of Philosophy 10 (3):453 - 462.
    Dictionaries distinguish the following senses of ‘punishment’:the act of punishing, or the fact of being punished - where ‘punish’ is defined as: an act of public authority causing an offender to suffer for an offense. As In: ‘the respectable not only obey the law, but punish those who refuse to do so’.that which is inflicted as a penalty for an offense. As in: ‘all punishments are to be carried out in the Barrack Yard’, ‘fit the punishment to the crime’.severe handling (...)
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  • Justice and Legal Punishment.James F. Doyle - 1967 - Philosophy 42 (159):53 - 67.
    T he Question of punishment and its justification has been a major preoccupation in recent philosophy of law. The reasons for this growing concern are not difficult to discover. Both philosophers and jurists have become increasingly sceptical of traditional theories of legal punishment. Each of these inherited theories was designed to establish criteria for the recognition and appraisal of punishment as a legal institution. However, alternative theories emphasised different and often conflicting criteria. Some theories emphasised moral desert and retribution, while (...)
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  • The Ethics of Deferred Prosecution Agreements for MNEs Culpable of Foreign Corruption: Relativistic Pragmatism or Devil’s Pact?Glauco De Vita & Donato Vozza - forthcoming - Business Ethics Quarterly:1-29.
    Deferred prosecution agreements (DPAs) are legal means, alternative to trial, for the resolution of criminal business cases. Although DPAs are increasingly used in the US and are spreading to other jurisdictions, the ethics of DPAs has hardly been subjected to critical scrutiny. We use a multidisciplinary approach straddling the line between philosophy and law to examine the ethics of DPAs used to resolve cases of multinational enterprises’ (MNEs) foreign corruption. Deontologically, we argue that the normativity of DPAs raises critical concerns (...)
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  • Crime & Punishment: A Rethink.Ognjen Arandjelović - 2023 - Philosophies 8 (3):47.
    Incarceration remains the foremost form of sentence for serious crimes in Western democracies. At the same time, the management of prisons and of the prison population has become a major real-world challenge, with growing concerns about overcrowding, the offenders’ well-being, and the failure of achieving the distal desideratum of reduced criminality, all of which have a moral dimension. In no small part motivated by these practical problems, the focus of the present article is on the ethical framework that we use (...)
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  • Reasons for Rule Consequentialists.Christopher Woodard - 2022 - Ratio (4):1-10.
    This paper explores what a Rule Consequentialist of Brad Hooker's sort can and should say about normative rea- sons for action. I claim that they can provide a theory of reasons, but that doing so requires distinguishing dif- ferent roles of rules in the ideal code. Some rules in the ideal code specify reasons, while others perform differ- ent functions. The paper also discusses a choice that Rule Consequentialists face about how exactly to specify rea- sons. It ends by comparing (...)
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  • Non‐paradigmatic punishments.Helen Brown Coverdale & Bill Wringe - 2022 - Philosophy Compass 17 (5):e12824.
    Philosophy Compass, Volume 17, Issue 5, May 2022.
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  • Evil and Forgiveness.Kathryn J. Norlock - 2017 - In Thomas Nys & Stephen De Wijze (eds.), The Routledge Handbook of the Philosophy of Evil. New York: Routledge. pp. 282-293.
    Our experiences with many sorts of evils yield debates about the role of forgiveness as a possible moral response. These debates include (1) the preliminary question whether evils are, by definition, unforgivable, (2) the contention that evils may be forgivable but that forgiveness cannot entail reconciliation with one’s evildoer, (3) the concern that only direct victims of evils are in a position to decide if forgiveness is appropriate, (4) the conceptual worry that forgiveness of evil may not be genuine or (...)
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  • Punishment Justifiable as a Quasi-Tax.David Gilboa - 2015 - Economics and Philosophy 31 (3):431-445.
    Abstract:I argue that, since the legal order is a public good, an act of legal punishment may be viewed as the imposition of a kind of tax, which I label ‘a quasi-tax’. Once punishment is viewed as a quasi-tax, the traditionally opposed approaches to punishment may be reconciled, as both utility and retribution jointly justify an act of legal punishment. I discuss objections to my argument and I reply to them.
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  • Should we punish a remorseful offender? Punishment within a theory of symbolic restoration.Tine Vandendriessche - 2014 - South African Journal of Philosophy 33 (2):113-119.
    This paper tackles the question whet her we should punish a remorseful offender. Traditional retributive and consequentialist theories on punishment are struggling with the question of the justification of punishment, but I think a more basic question needs to be solved first; namely, how can we interpret the practice of punishment. I state that a theory of symbolic restoration can help us to understand the meaning of this practice. A theory of symbolic restoration depends on an expressivist account of punishment, (...)
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  • Harm and Its Moral Significance.Seana Valentine Shiffrin - 2012 - Legal Theory 18 (3):357-398.
    Standard, familiar models portray harms and benefits as symmetrical. Usually, harm is portrayed as involving a worsening of one's situation, and benefits as involving an improvement. Yet morally, the aversion, prevention, and relief of harms seem, at least presumptively, to matter more than the provision, protection, and maintenance of comparable and often greater benefits. Standard models of harms and benefits have difficulty acknowledging this priority, much less explaining it. They also fail to identify harm accurately and reliably. In this paper, (...)
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  • Punishment: Consequentialism.David Wood - 2010 - Philosophy Compass 5 (6):455-469.
    Punishment involves deliberating harming individuals. How, then, if at all, is it to be justified? This, the first of three papers on the philosophy of punishment (see also 'Punishment: Nonconsequentialism' and 'Punishment: The Future'), examines attempts to justify the practice or institution according to its consequences. One claim is that punishment reduces crime, and hence the resulting harms. Another is that punishment functions to rehabilitate offenders. A third claim is that punishment (or some forms of punishment) can serve to make (...)
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  • Punishment, Jesters and Judges: a Response to Nathan Hanna.Bill Wringe - 2019 - Ethical Theory and Moral Practice 22 (1):3-12.
    Nathan Hanna has recently argued against a position I defend in a 2013 paper in this journal and in my 2016 book on punishment, namely that we can punish someone without intending to harm them. In this discussion note I explain why two alleged counterexamples to my view put forward by Hanna are not in fact counterexamples to any view I hold, produce an example which shows that, if we accept a number of Hanna’s own assumptions, punishment does not require (...)
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  • Considering Capital Punishment as a Human Interaction.Christopher Bennett - 2013 - Criminal Law and Philosophy 7 (2):367-382.
    This paper contributes to the normative debate over capital punishment by looking at whether the role of executioner is one in which it is possible and proper to take pride. The answer to the latter question turns on the kind of justification the agent can give for what she does in carrying out the role. So our inquiry concerns whether the justifications available to an executioner could provide him with the kind of justification necessary for him to take pride in (...)
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  • The Complexity of the Concepts of Punishment.H. J. McGloskey - 1962 - Philosophy 37 (142):307 - 325.
    Many contemporary philosophers writing on punishment seek to show that much of the dispute between retributionists and utilitarians springs from a failure on the part of both parties to elucidate the concept of punishment. The writers are usually utilitarians who seek to show that what is true in the retributive theory is simply a point about the concept of punishment, and that for the rest, the morality of punishment is to be explained in terms of the utilitarian theory. Those who (...)
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  • Review of A du Bois-Pedain and A Bottoms, eds., Penal Censure: Engagements Within and Beyond Desert Theory: Studies in Penal Theory and Penal Ethics. Oxford: Hart (2019) 328 pp. [REVIEW]Gabrielle Watson - 2022 - Criminal Law and Philosophy 16 (2):417-422.
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  • Must Punishment Be Intended to Cause Suffering?Bill Wringe - 2013 - Ethical Theory and Moral Practice 16 (4):863-877.
    It has recently been suggested that the fact that punishment involves an intention to cause suffering undermines expressive justifications of punishment. I argue that while punishment must involve harsh treatment, harsh treatment need not involve an intention to cause suffering. Expressivists should adopt this conception of harsh treatment.
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  • Personhood, Equality, and a Possible Justification for Criminal Punishment.Liat Levanon - 2014 - Canadian Journal of Law and Jurisprudence 27 (2):439-472.
    The article examines the relationship between a wrongdoer and his victim. Based on this examination, a justification for criminal punishment is proposed. It is argued that crime violates thea prioriequality of constituent boundaries and of infinite human value between the wrongdoer and the victim. Criminal punishment re-equalizes respective boundaries and infinite human value. To develop this argument, the article observes how subject-subject boundaries are essential for the formation of separateness between subjects - separateness which is recognized and acknowledged by them (...)
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  • Paternalism as Punishment.David Birks - 2021 - Utilitas 33 (1):35-52.
    In this article, I argue that even if we hold that at least some paternalistic behaviour is impermissible when directed towards innocent persons, in certain cases, the same behaviour is permissible when directed towards criminal offenders. I also defend the claim that in some cases it is morally preferable to behave paternalistically towards offenders as an alternative to traditional methods of punishment. I propose that the reason paternalistic behaviour is sometimes permissible towards an offender is the same reason that inflicting (...)
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  • Punishment Theory’s Golden Half Century: A Survey of Developments from 1957 to 2007. [REVIEW]Michael Davis - 2009 - The Journal of Ethics 13 (1):73 - 100.
    This paper describes developments in punishment theory since the middle of the twentieth century. After the mid–1960s, what Stanley I. Benn called “preventive theories of punishment”—whether strictly utilitarian or more loosely consequentialist like his—entered a long and steep decline, beginning with the virtual disappearance of reform theory in the 1970s. Crowding out preventive theories were various alternatives generally (but, as I shall argue, misleadingly) categorized as “retributive”. These alternatives include both old theories (such as the education theory) resurrected after many (...)
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  • The Ethics of Punishment and the Ethics of Restoration: A Critical Analysis.William J. Danaher - 2014 - Studies in Christian Ethics 27 (3):274-288.
    Taking its cue from Augustine’s hesitancy to punish, this article develops an account of punishment as an exercise in Christian subjectivity, understanding by the latter term ‘self-knowledge’ and ‘being subject to another’s control.’ Framed in terms of the sacrament of reconciliation and mediated through the Late Medieval Ecclesiastical Courts, the explicit contours of this Christian subjectivity gradually eroded as secular practices and theories (retribution, rehabilitation, deterrence, and restorative) developed during the nineteenth and twentieth centuries. In the process, the rehabilitative ethos (...)
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