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Punishment, Compensation, and Law: A Theory of Enforceability

Cambridge University Press (2005)

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  1. 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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  • Punishment and Reform.Steven Sverdlik - 2014 - Criminal Law and Philosophy 8 (3):619-633.
    The reform of offenders is often said to be one of the morally legitimate aims of punishment. After briefly surveying the history of reformist thinking I examine the ‘quasi-reform’ theories, as I call them, of H. Morris, J. Hampton and A. Duff. I explain how they conceive of reform, and what role they take it to have in the criminal justice system. I then focus critically on one feature of their conception of reform, namely, the claim that a reformed offender (...)
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  • Holding Others Responsible.Coleen Macnamara - 2011 - Philosophical Studies 152 (1):81-102.
    Theorists have spent considerable time discussing the concept of responsibility. Their discussions, however, have generally focused on the question of who counts as responsible, and for what. But as Gary Watson has noted, “Responsibility is a triadic relationship: an individual (or group) is responsible to others for something” (Watson Agency and answerability: selected essays, 2004 , p. 7). Thus, theorizing about responsibility ought to involve theorizing not just about the actor and her conduct, but also about those the actor is (...)
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  • Incommensurability and Moral Value.Mark R. Reiff - 2014 - Politics, Philosophy and Economics 13 (3):237-268.
    Some theorists believe that there is a plurality of values, and that in many circumstances these values are incommensurable, or at least incomparable. Others believe that all values are reducible to a single super-value, or that even if there is a plurality of irreducible values these values are commensurable. But I will argue that both sides have got it wrong. Values are neither commensurable nor incommensurable, at least not in the way most people think. We are free to believe in (...)
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  • About the Impossibility of Absolute State Sovereignty: The Middle Ages.Jorge Emilio Núñez - 2015 - International Journal for the Semiotics of Law - Revue Internationale de Sémiotique Juridique 28 (2):235-250.
    State sovereignty is often thought to be and seen as absolute, unlimited. We have seen that there is no such a thing as absolute State sovereignty. Indeed, I maintained in the first article of this series that absolute or unlimited sovereignty is impossible because all sovereignty is necessarily underpinned by its conditions of possibility. The present paper has two main parts. Firstly, I will introduce two different kinds of agents: individuals; and States. The aim is to show that these two (...)
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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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  • How to Pay for Public Education.Mark R. Reiff - 2014 - Theory and Research in Education 12 (1):4-52.
    For years now, public education, and especially public higher education has been under attack. Funding has been drastically reduced, fees increased, and the seemingly irresistible political force of ever-tightening austerity budgets threatens to cut it even more. But I am not going to take the standard line that government financial support for public higher education should be increased. I view that battle as already lost. What I am going to propose is that we stop arguing about the allocation or reallocation (...)
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