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  1. Why Should We Care What the Public Thinks? A Critical Assessment of the Claims of Popular Punishment.Frej Klem Thomsen - 2014 - In Jesper Ryberg & Julian Roberts (eds.), Popular Punishment. Oxford University Press. pp. 119-145.
    The article analyses the necessary conditions an argument for popular punishment would need to meet, and argues that it faces the challenge of a dilemma of reasonableness: either popular views on punishment are unreasonable, in which case they should carry no weight, or they are reasonable, in which case the reasons that support them, not the views, should carry weight. It proceeds to present and critically discuss three potential solutions to the dilemma, arguing that only an argument for the beneficial (...)
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  • Criminalization in Republican Theory.Philip Pettit - 2014 - In R. A. Duff, Lindsay Farmer, S. E. Marshall, Massimo Renzo & Victor Tadros (eds.), Criminalization: The Political Morality of Criminal Law. Oxford, UK: Oxford University Press. pp. 132-150.
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  • Depoliticizing Democracy.Philip Pettit - 2004 - Ratio Juris 17 (1):52-65.
    It is now widely accepted as an ideal that democracy should be as deliberative as possible. Democracy should not involve a tussle between different interest groups or lobbies in which the numbers matter more than the arguments. And it should not be a system in which the only arguments that matter are those that voters conduct in an attempt to determine where their private or sectional advantage lies. Democracy, it is said, should promote public deliberation among citizens and authorities as (...)
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  • Discretion and Domination in Criminal Procedure: Reflections on Pettit.Vincent Chiao - 2016 - Politics, Philosophy and Economics 15 (1):92-110.
    Philip Pettit’s conception of freedom as nondomination is modally robust in that it requires not simply reducing the probability of uncontrolled interference by others but entirely eliminating that possibility. In this article, I consider whether freedom as nondomination provides an attractive analysis of official discretion, particularly in the context of the criminal law, an area of recurring interest for Pettit. I argue that not only does the modally robust character of freedom as nondomination have some rather unattractive implications in the (...)
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  • Participatory Democracy and Criminal Justice.Albert W. Dzur - 2012 - Criminal Law and Philosophy 6 (2):115-129.
    This essay asks if there is a role for an active public in ratcheting down the harsh politics of crime control in the United States and the United Kingdom that has led to increased use of the criminal law and greater severity in punishment. It considers two opposing answers offered by political and legal theorists and then begins to develop a participatory democratic framework for institutional reform.
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  • Punishment, Deliberative Democracy & The Jury.Roberto Gargarella - 2015 - Criminal Law and Philosophy 9 (4):709-717.
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