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Cruelty, competency, and contemporary abolitionism

In Austin Sarat (ed.), Studies in Law, Politics, and Society. Emerald Publishing. pp. 123-140 (2005)

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  1. Retribution: evil for evil in ethics, law, and literature.Marvin Henberg - 1990 - Philadelphia: Temple University Press.
    Despite our moral misgivings, retributive canons of justice-the return of evil to evildoers-remain entrenched in law, literature, and popular moral precept. In this wide-ranging examination of retribution, Marvin Henberg argues that the persistence and pervasiveness of this concept is best understood from a perspective of evolutionary naturalism. After tracing its origins in human biology and psychology, he shows how retribution has been treated historically in such diverse cultural expressions as law codes, scriptures, drama, poetry, philosophy, and novels. Henberg considers retributive (...)
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  • Punishment, Communication, and Community.R. A. Duff - 2001 - Oup Usa.
    Part of the Studies in Crime and Public Policy series, this book, written by one of the top philosophers of punishment, examines the main trends in penal theorizing over the past three decades. Duff asks what can justify criminal punishment, and then explores the legitimacy of actual practices by examining what would count as adequate justification for them. Duff argues that a "communicative conception of punishment," which he presents as a third way between consequentialist and retributive theories, offers the most (...)
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  • Persons and Punishment.Herbert Morris - 1968 - The Monist 52 (4):475-501.
    Alfredo Traps in Durrenmatt’s tale discovers that he has brought off, all by himself, a murder involving considerable ingenuity. The mock prosecutor in the tale demands the death penalty “as reward for a crime that merits admiration, astonishment, and respect.” Traps is deeply moved; indeed, he is exhilarated, and the whole of his life becomes more heroic, and, ironically, more precious. His defense attorney proceeds to argue that Traps was not only innocent but incapable of guilt, “a victim of the (...)
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  • Better than Well: American Medicine Meets the American Dream.Carl Elliot - 2008 - International Journal of Feminist Approaches to Bioethics 1 (1):185-188.
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