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  1. Punishing the Oppressed and the Standing to Blame.Andy Engen - 2020 - Res Philosophica 97 (2):271-295.
    Philosophers have highlighted a dilemma for the criminal law. Unjust, racist policies in the United States have produced conditions in which the dispossessed are more likely to commit crime. This complicity undermines the standing of the state to blame their offenses. Nevertheless, the state has reason to punish those crimes in order to deter future offenses. Tommie Shelby proposes a way out of this dilemma. He separates the state’s right to condemn from its right to punish. I raise doubts about (...)
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  • Fair-Play Obligations and Distributive Injustice.Göran Duus-Otterström - 2018 - European Journal of Political Theory 20 (2):167-186.
    This article investigates the relationship between distributive injustice and political obligation within the confines of the fair-play theory of political obligation. More specifically, it asks how the distribution of benefits and burdens of a cooperative scheme affects people’s fair-play obligations to that scheme. It argues that neither a sufficiency-based nor a proportionality-based approach is capable of answering that question singlehandedly. However, the two approaches can be combined in a plausible way. Noting that some of the duties that go into our (...)
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  • Fair-Play Obligations and Distributive Injustice.Göran Duus-Otterström - 2018 - European Journal of Political Theory 20 (2):147488511877862.
    This article investigates the relationship between distributive injustice and political obligation within the confines of the fair-play theory of political obligation. More specifically, it asks ho...
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  • Punishment and Bad Upbringing.Peter Chau - 2018 - Criminal Justice Ethics 37 (2):103-121.
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  • Punishment.Zachary Hoskins - 2016 - Analysis:anw022.
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  • Hypocrisy, Inconsistency, and the Moral Standing of the State.Kyle G. Fritz - 2019 - Criminal Law and Philosophy 13 (2):309-327.
    Several writers have argued that the state lacks the moral standing to hold socially deprived offenders responsible for their crimes because the state would be hypocritical in doing so. Yet the state is not disposed to make an unfair exception of itself for committing the same sorts of crimes as socially deprived offenders, so it is unclear that the state is truly hypocritical. Nevertheless, the state is disposed to inconsistently hold its citizens responsible, blaming or punishing socially deprived offenders more (...)
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  • A Moral Predicament in the Criminal Law.Gary Watson - 2015 - Inquiry: An Interdisciplinary Journal of Philosophy 58 (2):168-188.
    This essay is about the difficulties of doing criminal justice in the context of severe social injustice. Having been marginalized as citizens of the larger community, those who are victims of severe social injustice are understandably alienated from the dominant political institutions, and, not unreasonably, disrespect their authority, including that of the criminal law. The failure of equal treatment and protection and the absence of anything like fair and decent life prospects for the members of the marginalized populations erode the (...)
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  • Duff on the Legitimacy of Punishment of Socially Deprived Offenders.Peter Chau - 2012 - Criminal Law and Philosophy 6 (2):247-254.
    Duff offered an argument for the conclusion that just or legitimate punishment of socially deprived offenders in our unjust society is impossible. One of the claims in his argument is that our courts have the standing to blame an offender only if our polity has the right to do so since our courts are acting as the representatives of, or to use the exact phrases by Duff, “in the name of”, or “on behalf of”, the whole polity. In this paper (...)
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  • Punishment, Socially Deprived Offenders, and Democratic Community.Jeffrey Howard - 2013 - Criminal Law and Philosophy 7 (1):121-136.
    The idea that victims of social injustice who commit crimes ought not to be subject to punishment has attracted serious attention in recent legal and political philosophy. R. A. Duff has argued, for example, a states that perpetrates social injustice lacks the standing to punish victims of such injustice who commit crimes. A crucial premiss in his argument concerns the fact that when courts in liberal society mete out legitimate criminal punishments, they are conceived as acting in the name of (...)
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  • Fairness-Based Retributivism Reconsidered.Göran Duus-Otterström - 2017 - Criminal Law and Philosophy 11 (3):481-498.
    In this paper, I defend fairness-based retributivism against two important objections, the no-benefit objection and the social injustice objection. I argue that the theory can defeat the no-benefit objection by developing an account of how crimes can be sources of unfairness by inflicting losses on people, and that it can blunt the social injustice objection by toning down the theory’s distributive aspirations. I conclude that fairness-based retributivism, contrary to received wisdom, merits further attention from legal and political philosophers.
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  • Punishment and Democratic Rights: A Case Study in Non-Ideal Penal Theory.Steve Swartzer - 2018 - In Molly Gardner & Michael Weber (eds.), The Ethics of Policing and Imprisonment. pp. 7-37.
    In the United States, convicted offenders frequently lose the right to vote, at least temporarily. Drawing on the common observation that citizens of color lose democratic rights at disproportionately high rates, this chapter argues that this punishment is problematic in non-ideal societies because of the way in which it diminishes the political power of marginalized groups and threatens to reproduce patterns of domination and subordination, when they occur. This chapter then uses the case of penal disenfranchisement to illustrate how idealized (...)
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  • Injustice and the Right to Punish.Göran Duus-Otterström & Erin I. Kelly - 2019 - Philosophy Compass 14 (2):e12565.
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