Switch to: Citations

Add references

You must login to add references.
  1. Kant: Religion Within the Boundaries of Mere Reason: And Other Writings.Immanuel Kant - 1998 - New York: Cambridge University Press. Edited by Allen W. Wood & George Di Giovanni.
    Religion within the Boundaries of Mere Reason is a key element of the system of philosophy which Kant introduced with his Critique of Pure Reason, and a work of major importance in the history of Western religious thought. It represents a great philosopher's attempt to spell out the form and content of a type of religion that would be grounded in moral reason and would meet the needs of ethical life. It includes sharply critical and boldly constructive discussions on topics (...)
    Download  
     
    Export citation  
     
    Bookmark   38 citations  
  • The Apology Ritual: A Philosophical Theory of Punishment.Christopher Bennett - 2008 - New York: Cambridge University Press.
    Christopher Bennett presents a theory of punishment grounded in the practice of apology, and in particular in reactions such as feeling sorry and making amends. He argues that offenders have a 'right to be punished' - that it is part of taking an offender seriously as a member of a normatively demanding relationship that she is subject to retributive attitudes when she violates the demands of that relationship. However, while he claims that punishment and the retributive attitudes are the necessary (...)
    Download  
     
    Export citation  
     
    Bookmark   37 citations  
  • Proportionate Sentencing: Exploring the Principles.Andrew Von Hirsch & Andrew Ashworth - 2005 - Oxford University Press UK.
    The principle that a sentence should be proportionate to the seriousness of the offence remains at the centre of penal practice and scholarly debate. This volume explores highly topical aspects of proportionality theory that require examination and further analysis. von Hirsch and Ashworth explore the relevance of the principle of proportionality to the sentencing of young offenders, the possible reasons for departing from the principle when sentencing dangerous offenders, and the application of the principle to socially deprived offenders. They examine (...)
    Download  
     
    Export citation  
     
    Bookmark   31 citations  
  • Towards a Modest Legal Moralism.R. A. Duff - 2014 - Criminal Law and Philosophy 8 (1):217-235.
    After distinguishing different species of Legal Moralism I outline and defend a modest, positive Legal Moralism, according to which we have good reason to criminalize some type of conduct if it constitutes a public wrong. Some of the central elements of the argument will be: the need to remember that the criminal law is a political, not a moral practice, and therefore that in asking what kinds of conduct we have good reason to criminalize, we must begin not with the (...)
    Download  
     
    Export citation  
     
    Bookmark   29 citations  
  • Public and Private Wrongs.R. A. Duff & Sandra Marshall - 2010 - In James Chalmers, Fiona Leverick & Lindsay Farmer (eds.), Essays in Criminal Law in Honour of Sir Gerald Gordon. Edinburhg University Press. pp. 70-85.
    Gordon's emphasizes that the process of prosecution is crucial to the idea of crime. One who commits a public wrong is properly called to public account for it, and the criminal trial constitutes such a public calling to account. The state is the proper prosecutor of crimes: since a crime is ‘our’ wrong, rather than only the victim's wrong, it is appropriate that we should prosecute it, collectively. The case is not simply V the victim, or P the plaintiff, against (...)
    Download  
     
    Export citation  
     
    Bookmark   9 citations  
  • Doing & Deserving; Essays in the Theory of Responsibility.Joel Feinberg - 1970 - Princeton, N.J.,: Princeton University Press.
    Supererogation and rules -- Problematic responsibility in law and morals -- On being "morally speaking a murderer" -- Justice and personal desert -- The expressive function of punishment -- Action and responsibility -- Causing voluntary actions -- Sua culpa -- Collective responsibility -- Crime, clutchability, and individuated treatment -- What is so special about mental illness?
    Download  
     
    Export citation  
     
    Bookmark   113 citations  
  • (1 other version)The moral education theory of punishment.Jean Hampton - 1984 - Philosophy and Public Affairs 13 (3):208-238.
    Download  
     
    Export citation  
     
    Bookmark   81 citations  
  • Punishment, Communication, and Community.R. A. Duff - 2003 - Philosophical Quarterly 53 (211):310-313.
    Download  
     
    Export citation  
     
    Bookmark   163 citations  
  • Penance as a Model for Punishment.Brenda M. Baker - 1992 - Social Theory and Practice 18 (3):311-331.
    Download  
     
    Export citation  
     
    Bookmark   2 citations  
  • Punishment as Language.Igor Primoratz - 1989 - Philosophy 64 (248):187 - 205.
    A number of philosophers and legal scholars have pointed out a fact about punishment that had not been sufficiently appreciated by many traditional accounts, utilitarian, retributive, or ‘mixed’: that evil inflicted on the person punished is not an evil simpliciter , but rather the expression of an important social message—that punishment is a kind of language. The message which it is seen to communicate can broadly be described as condemnation by society of the crime committed. In what is still the (...)
    Download  
     
    Export citation  
     
    Bookmark   37 citations  
  • (2 other versions)Summa Theologiae (1265-1273).Thomas Aquinas - 1911 - Edited by Fathers of the English Dominican Province.
    Download  
     
    Export citation  
     
    Bookmark   348 citations  
  • The Conflict of Interpretations: Essays in Hermeneutics.Paul Ricoeur - 1974 - Northwestern University Press.
    This collection brings together twenty-two later essays by Paul Ricoeur under the topics of structuralism, psychoanalysis, hermeneutics, and religion.
    Download  
     
    Export citation  
     
    Bookmark   103 citations  
  • Taking the sincerity out of saying sorry: Restorative justice as ritual.Christopher Bennett - 2006 - Journal of Applied Philosophy 23 (2):127–143.
    abstract In this paper I take seriously von Hirsch's view that sanctions imposed on offenders need to be compatible with their dignity, and argue that some versions of restorative justice — notably that defended by Braithwaite — can put offenders in the humiliating position of having to make apologies that they do not believe in in order to avoid further bad consequences. Drawing on recent work by Duff I argue that this problem can be avoided by conceiving of restorative justice (...)
    Download  
     
    Export citation  
     
    Bookmark   12 citations  
  • How is Justice Restored?Andrew Skotnicki - 2006 - Studies in Christian Ethics 19 (2):187-204.
    Restorative justice is an approach to crime and punishment that seeks to bypass the dynamics of the courtroom. It features the opportunity for victim and offender to construct a mutually agreed-upon means of reparation. Its proponents frequently invoke three ethical claims in defence of the practice: that punishment is not a necessary response to crime, that justice must be understood in a contextual rather than a foundational sense, and that the character of the offender can be amended through the restorative (...)
    Download  
     
    Export citation  
     
    Bookmark   1 citation  
  • (1 other version)Trials and Punishments.John Cottingham & R. A. Duff - 1987 - Philosophical Quarterly 37 (149):448.
    How can a system of criminal punishment be justified? In particular can it be justified if the moral demand that we respect each other as autonomous moral agents is taken seriously? Traditional attempts to justify punishment as a deterrent or as retribution fail, but Duff suggests that punishment can be understood as a communicative attempt to bring a wrong-doer to repent her crime. This account is supported by discussions of moral blame, of penance, of the nature of the law's demands, (...)
    Download  
     
    Export citation  
     
    Bookmark   84 citations  
  • The Intrusion of Mercy.R. A. Duff - 2007 - Ohio State Journal of Criminal Law 4:361-87.
    On the basis of a communicative theory of criminal punishment, I show how mercy has a significant but limited role to play in the criminal law—in particular (although not only) in criminal sentencing. Mercy involves an intrusion into the realm of criminal law of values and concerns that are not themselves part of the perspective of criminal law: a merciful sentencer acts beyond the limits of her legal role, on the basis of moral considerations that conflict with the demands of (...)
    Download  
     
    Export citation  
     
    Bookmark   10 citations  
  • Augustine's Invention of the Inner Self: The Legacy of a Christian Platonist.Phillip Cary - 2000 - Oup Usa.
    Phillip Cary argues that Augustine invented or created the concept of self as an inner space--as space into which one can enter and in which one can find God. This concept of inwardness, says Cary, has worked its way deeply into the intellectual heritage of the West and many Western individuals have experienced themselves as inner selves. After surveying the idea of inwardness in Augustine's predecessors, Cary offers a re-examination of Augustine's own writings, making the controversial point that in his (...)
    Download  
     
    Export citation  
     
    Bookmark   23 citations  
  • (1 other version)Placing blame: a theory of the criminal law.Michael S. Moore - 1997 - New York: Oxford University Press.
    Originally published: Oxford: Clarendon, 1997.
    Download  
     
    Export citation  
     
    Bookmark   124 citations  
  • God's prisoners: Penal confinement and the creation of purgatory.Andrew Skotnicki - 2006 - Modern Theology 22 (1):85-110.
    Download  
     
    Export citation  
     
    Bookmark   2 citations  
  • Answering for crime: responsibility and liability in the criminal law.Antony Duff - 2007 - Portland, Or.: Hart.
    In this long-awaited book, Antony Duff offers a new perspective on the structures of criminal law and criminal liability. His starting point is a distinction between responsibility (understood as answerability) and liability, and a conception of responsibility as relational and practice-based. This focus on responsibility, as a matter of being answerable to those who have the standing to call one to account, throws new light on a range of questions in criminal law theory: on the question of criminalisation, which can (...)
    Download  
     
    Export citation  
     
    Bookmark   29 citations  
  • The Limits of Virtue Jurisprudence.R. A. Duff - 2003 - Metaphilosophy 34 (1-2):214-224.
    In response to Lawrence Solum's advocacy of a ‘virtue–centred theory of judging’, I argue that there is indeed important work to be done in identifying and characterising those qualities of character that constitute judicial virtues – those qualities that a person needs if she is to judge well (though I criticise Solum's account of one of the five pairs of judicial vices and virtues that he identifies – avarice and temperance). However, Solum's more ambitious claims – that a judge's vice (...)
    Download  
     
    Export citation  
     
    Bookmark   10 citations  
  • Atonement and Personality.R. C. Moberly - 1902 - International Journal of Ethics 12 (2):267-269.
    Download  
     
    Export citation  
     
    Bookmark   1 citation  
  • The Conflict of Interpretations: Essays on Hermeneutics.David Michael Levin, Paul Ricoeur & Don Ihde - 1976 - Philosophical Review 85 (2):267.
    Download  
     
    Export citation  
     
    Bookmark   29 citations  
  • Choice, character, and criminal liability.R. A. Duff - 1993 - Law and Philosophy 12 (4):345 - 383.
    Download  
     
    Export citation  
     
    Bookmark   22 citations  
  • (1 other version)Trials and Punishments.R. Duff - 1989 - Tijdschrift Voor Filosofie 51 (4):727-728.
    Download  
     
    Export citation  
     
    Bookmark   45 citations  
  • Sacramental Forgiveness as a Gift of God: Thomas Aquinas on the Sacrament of Penance.Eric Luijten - 2003 - Peeters Publishers.
    What is the theological place of the Holy Spirit with respect to the forgiveness of sins in the sacrament of penance? This study examines the role of the Spirit in the theology of sacramental forgiveness of Thomas Aquinas (1224/5-1274), who is often blamed for the "Geistvergessenheit" of Western theology. In the first part of this study it is shown that in Thomas' theology notions like guilt and forgiveness function within the context of a relationship of friendship between God and human (...)
    Download  
     
    Export citation  
     
    Bookmark   1 citation  
  • The Culture of Confession From Augustine to Foucault: A Genealogy of the 'Confessing Animal'.Chloë Taylor - 2008 - Routledge.
    Drawing on the work of Foucault and Western confessional writings, this book challenges the transhistorical and commonsense views of confession as an innate impulse resulting in the psychological liberation of the confessing subject. Instead, confessional desire is argued to be contingent and constraining, and alternatives to confessional subjectivity are explored.
    Download  
     
    Export citation  
     
    Bookmark   8 citations  
  • A Paternalistic Theory of Punishment.Herbert Morris - 1981 - American Philosophical Quarterly 18 (4):263 - 271.
    Download  
     
    Export citation  
     
    Bookmark   32 citations  
  • Punishment, communication and community.Antony Duff - 2002 - In Derek Matravers & Jonathan E. Pike (eds.), Debates in Contemporary Political Philosophy: An Anthology. New York: Routledge.
    The question "What can justify criminal punishment ?" becomes especially insistent at times, like our own, of penal crisis, when serious doubts are raised not only about the justice or efficacy of particular modes of punishment, but about the very legitimacy of the whole penal system. Recent theorizing about punishment offers a variety of answers to that question-answers that try to make plausible sense of the idea that punishment is justified as being deserved for past crimes; answers that try to (...)
    Download  
     
    Export citation  
     
    Bookmark   62 citations  
  • Where is the Love? The Topography of Mercy.John Tasioulas - 2011 - In Rowan Cruft, Matthew H. Kramer & Mark R. Reiff (eds.), Crime, punishment, and responsibility: the jurisprudence of Antony Duff. New York: Oxford University Press.
    Download  
     
    Export citation  
     
    Bookmark   7 citations  
  • (1 other version)Where is the Love?[author unknown] - unknown
    Download  
     
    Export citation  
     
    Bookmark   23 citations  
  • (1 other version)Character and the Christian life: a study in theological ethics.Stanley Hauerwas - 1985 - Notre Dame: University of Notre Dame Press.
    Some fourteen years after its initial publication, this important and influential book, with a new, substantial, and candid introduction by the author, is available in a reasonably priced paperback edition. In this volume Hauerwas assesses recent interest in the "ethics of character" and suggests areas in his own work that now call for some corrective and/or further work.
    Download  
     
    Export citation  
     
    Bookmark   6 citations  
  • The Intrusion of Mercy.Antony Duff - unknown
    On the basis of a communicative theory of criminal punishment, I show how mercy has a significant but limited role to play in the criminal law—in particular (although not only) in criminal sentencing. Mercy involves an intrusion into the realm of criminal law of values and concerns that are not themselves part of the perspective of criminal law: a merciful sentencer acts beyond the limits of her legal role, on the basis of moral considerations that conflict with the demands of (...)
    Download  
     
    Export citation  
     
    Bookmark   5 citations  
  • Redemptive Change: Atonement and the Christian Cure of Souls.Russel R. Reno - 2002
    Download  
     
    Export citation  
     
    Bookmark   1 citation  
  • [Book review] forgiveness and mercy. [REVIEW]Jeffrie G. Murphy & Jean Hampton - 1990 - Ethics 100 (2):413-415.
    This book focuses on the degree to which certain moral and legal doctrines are rooted in specific passions that are then institutionalised in the form of criminal law. A philosophical analysis is developed of the following questions: when, if ever, should hatred be overcome by sympathy or compassion? What are forgiveness and mercy and to what degree do they require - both conceptually and morally - the overcoming of certain passions and the motivation by other passions? If forgiveness and mercy (...)
    Download  
     
    Export citation  
     
    Bookmark   138 citations  
  • (1 other version)The Limits of Love: Some Theological Explorations.Gilbert Meilaender - 1987 - Pennsylvania State University Press.
    Reflecting upon some problems of the moral life, Gilbert Meilaender considers their difficulties within a vision that accentuates not only the limits, but also the promise, of the Christian story. Created by God as finite beings, we make particular attachments. Redeemed by God for a community transcending nature and history, our love always carries us beyond the special bonds of time and place. We live, therefore, with a sense of permanent tension. If this tension heightens our sense of the perplexities (...)
    Download  
     
    Export citation  
     
    Bookmark   3 citations  
  • Antony Duff and the Philosophy of Punishment.Mark R. Reiff & Rowan Cruft - 2011 - In Rowan Cruft, Matthew H. Kramer & Mark R. Reiff (eds.), Crime, punishment, and responsibility: the jurisprudence of Antony Duff. New York: Oxford University Press.
    Download  
     
    Export citation  
     
    Bookmark   2 citations  
  • Censure and Sanctions.Andrew Von Hirsch - 1996 - Law and Philosophy 15 (4):407-415.
    Download  
     
    Export citation  
     
    Bookmark   78 citations