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Amnesty and Retribution

Public Affairs Quarterly 32 (2):119-140 (2018)

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  1. Transitional Justice and Retributive Justice.Patrick Lenta - 2019 - Ethical Theory and Moral Practice 22 (2):385-398.
    Many people have the intuition that the failure to impose punishment on perpetrators of such serious human rights violations as murder, torture and rape that occurred in the course of violent conflict preceding a society’s transition from authoritarianism to democracy amounts to an injustice. This intuition is to an appreciable extent accounted for by the retributivist outlook of a high proportion of those who share it. Colleen Murphy, however, though she accepts that retributivism may justify punishment of offenders in stable (...)
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  • Amnesty and Mercy.Patrick Lenta - 2019 - Criminal Law and Philosophy 13 (4):621-641.
    I assess the justification for the granting of amnesty in the circumstances of ‘transitional justice’ advanced by certain of its supporters according to which this device is morally legitimate because it amounts to an act of mercy. I consider several prominent definitions of ‘mercy’ with a view to determining whether amnesty counts as mercy under each and what follows for its moral status. I argue that amnesty cannot count as mercy under any definition in accordance with which an act or (...)
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