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Punishing with Care: treating offenders as equal persons in criminal punishment

Dissertation, The London School of Economics and Political Science (2013)

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  1. Famine, Affluence, and Morality.Peter Singer - 1972 - Oxford University Press USA.
    In 1972, the young philosopher Peter Singer published "Famine, Affluence and Morality," which rapidly became one of the most widely discussed essays in applied ethics. Through this article, Singer presents his view that we have the same moral obligations to those far away as we do to those close to us. He argued that choosing not to send life-saving money to starving people on the other side of the earth is the moral equivalent of neglecting to save drowning children because (...)
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  • Groundwork for the metaphysics of morals.Immanuel Kant - 1785 - New York: Oxford University Press. Edited by Thomas E. Hill & Arnulf Zweig.
    In this classic text, Kant sets out to articulate and defend the Categorical Imperative - the fundamental principle that underlies moral reasoning - and to lay the foundation for a comprehensive account of justice and human virtues. This new edition and translation of Kant's work is designed especially for students. An extensive and comprehensive introduction explains the central concepts of Groundwork and looks at Kant's main lines of argument. Detailed notes aim to clarify Kant's thoughts and to correct some common (...)
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  • Groundwork of the metaphysics of morals.Immanuel Kant - 2007 - In Elizabeth Schmidt Radcliffe, Richard McCarty, Fritz Allhoff & Anand Vaidya (eds.), Late modern philosophy: essential readings with commentary. Oxford: Wiley-Blackwell.
    Immanuel Kant's Groundwork of the Metaphysics of Morals ranks alongside Plato's Republic and Aristotle's Nicomachean Ethics as one of the most profound and influential works in moral philosophy ever written. In Kant's own words its aim is to search for and establish the supreme principle of morality, the categorical imperative. Kant argues that every human being is an end in himself or herself, never to be used as a means by others, and that moral obligation is an expression of the (...)
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  • Trust and antitrust.Annette Baier - 1986 - Ethics 96 (2):231-260.
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  • In a Different Voice: Psychological Theory and Women's Development.Carol Gilligan - 1982 - Cambridge, MA: Harvard University Press.
    In a Different Voice is the little book that started a revolution, making women's voices heard, in their own right and with their own integrity, for virtually the first time in social scientific theorizing about women. Its impact was immediate and continues to this day, in the academic world and beyond.
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  • Leviathan.Thomas Hobbes - 1651 - Harmondsworth,: Penguin Books. Edited by C. B. Macpherson.
    v. 1. Editorial introduction -- v. 2. The English and Latin texts (i) -- v. 3. The English and Latin texts (ii).
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  • Morals from motives.Michael Slote - 2001 - New York: Oxford University Press.
    Morals from Motives develops a virtue ethics inspired more by Hume and Hutcheson's moral sentimentalism than by recently-influential Aristotelianism. It argues that a reconfigured and expanded "morality of caring" can offer a general account of right and wrong action as well as social justice. Expanding the frontiers of ethics, it goes on to show how a motive-based "pure" virtue theory can also help us to understand the nature of human well-being and practical reason.
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  • What Can She Know?: Feminist Theory and the Construction of Knowledge.Lorraine Code (ed.) - 1991 - Ithaca: Cornell University Press.
    CHAPTER ONE Is the Sex of the Knower Epistemologically Significant? The Question A question that focuses on the knower, as the title of this chapter does, ...
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  • Justice and care: essential readings in feminist ethics.Virginia Held (ed.) - 1995 - Boulder, Colo.: Westview Press.
    When feminist philosophers first turned their attention to traditional ethical theory, its almost exclusive emphasis upon justice, rights, abstract rationality, and individual autonomy came under special criticism. Women’s experiences seemed to suggest the need for a focus on care, empathetic relations, and the interdependence of persons.The most influential readings of what has become an extremely lively and fruitful debate are reproduced here along with important new contributions by Alison Jaggar and Sara Ruddick. As this volume testifies, there is no agreement (...)
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  • 1. Freedom and Resentment.Peter Strawson - 1993 - In John Martin Fischer & Mark Ravizza (eds.), Perspectives on moral responsibility. Ithaca, NY: Cornell University Press. pp. 1-25.
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  • An Introduction to the Principles of Morals and Legislation.Jeremy Bentham - 1780 - New York: Dover Publications. Edited by J. H. Burns & H. L. A. Hart.
    Bentham's best-known book stands as a classic of both philosophy and jurisprudence. The 1789 work articulates an important statement of the foundations of utilitarian philosophy — it also represents a pioneering study of crime and punishment. Bentham's reasoning remains central to contemporary debates in moral and political philosophy, economics, and legal theory.
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  • Introduction: Standpoint theory as a site of political, philosophic, and scientific debate.Sandra Harding - 2001 - In Sandra G. Harding (ed.), The feminist standpoint theory reader: intellectual and political controversies. New York: Routledge. pp. 1--15.
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  • Anarchy, State, and Utopia.Robert Nozick - 1974 - New York: Basic Books.
    Winner of the 1975 National Book Award, this brilliant and widely acclaimed book is a powerful philosophical challenge to the most widely held political and social positions of our age--liberal, socialist, and conservative.
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  • Editorial.[author unknown] - 2000 - Sartre Studies International 6 (2):4-5.
    With this issue the Editorial Board of Sartre Studies International undergoes many changes. Michael Scriven has resigned his position of Executive editor in order to take up the position of Director of Academic Programmes at the European Business School, Regent’s College in London, England. It was Michael who laid the foundations of SSI and his hard work and attention to the practical workings of the journal will be sorely missed. He will be replaced by Andrew Leak, who teaches French at (...)
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  • The heart of justice: care ethics and political theory.Daniel Engster - 2007 - New York: Oxford University Press.
    In each of these areas, he reviews the contributions of earlier care theorists and then extends their arguments to provide a more complete description of the ...
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  • Playing fair with punishment.Richard Dagger - 1993 - Ethics 103 (3):473-488.
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  • Anything but argument?Cora Diamond - 1982 - Philosophical Investigations 5 (1):23-41.
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  • Facts and Principles.G. A. Cohen - 2003 - Philosophy and Public Affairs 31 (3):211-245.
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  • Punishment.Christopher Bennett - 2004 - Philosophical Books 45 (4):324-334.
    How can a state be morally justified in punishing some of its citizens? In tackling this I shall set aside three important matters: we do not morally approve of all the laws of the land, so that sometimes there is a legal but not a moral case against an offender; we can do more things about crime than just punish the criminals, for example remedying the familial and social conditions that encourage it; and, thirdly, many actual penal institutions do things (...)
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  • Manager Trustworthiness or Interactional Justice? Predicting Organizational Citizenship Behaviors.Dan S. Chiaburu & Audrey S. Lim - 2008 - Journal of Business Ethics 83 (3):453-467.
    Organizational citizenship behaviors (OCBs) are essential for effective organizational functioning. Decisions by employees to engage in these important discretionary behaviors are based on how they make sense of the organizational context. Using fairness heuristic theory, we tested two important OCB predictors: manager trustworthiness and interactional justice. In the process, we control for the effects of dispositional factors (propensity to trust) and for system-based organizational fairness (procedural and distributive justice). Results, based on surveys collected from 120 employee–supervisor dyads, indicate that manager (...)
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  • Revisiting Confucian Jen Ethics and Feminist Care Ethics: A Reply to Daniel Star and Lijun Yuan.Chenyang Li - 2002 - Hypatia 17 (1):130 - 140.
    At two fronts I defend my 1994 article. I argue that differences between Confucian jen ethics and feminist care ethics do not preclude their shared commonalities in comparison with Kantian, utilitarian, and contractarian ethics, and that Confucians do care. I also argue that Confucianism is capable of changing its rules to reflect its renewed understanding of jen, that care ethics is feminist, and that similarities between Confucian and care ethics have significant implications.
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  • Caring discourse: The care/justice debate revisited.Blanca Rodríguez Ruiz - 2005 - Philosophy and Social Criticism 31 (7):773-800.
    The ethic of care has often been opposed to the ethic of justice as offering a different and even a contradictory approach to moral problems. This article argues that, from the perspective of the discourse ethic, both approaches are complementary in a very fundamental sense, since each one applies to one of two stages of moral reasoning that are as different as they are interconnected. It argues, in particular, that while justice is concerned with the justification and elaboration of norms, (...)
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  • The Justification of Punishment.Antony Flew - 1954 - Philosophy 29 (111):291 - 307.
    I want to discuss philosophically, to glance at the logic of, the parts of this expression “the justification of punishment” and then to draw from this discussion one or two morals for discussions of the justification of punishment. This paper is based on one originally given to the Scots Philosophy Club at its Aberdeen meeting in 1953, as the third part of a symposium on The Justification of Punishment.
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  • Autonomy, Vulnerability and Gender.Pamela Sue Anderson - 2003 - Feminist Theory 4 (2):149-164.
    This article challenges a prominent claim in moral philosophy: that autonomy is a personal ideal, according to which individuals are authors of their own lives. This claim is philosophically dubious and ethically pernicious, having excluded women from positions of rational authority. A reading of Ibsen's A Doll's House illustrates how this conception of the ideal of autonomy misrepresents the reality of individuals' lived experiences and imposes a gendered identity which subordinates women to a masculine narcissism. In Ibsen's play the woman, (...)
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  • Famine, affluence, and morality.Peter Singer - 1972 - Philosophy and Public Affairs 1 (3):229-243.
    As I write this, in November 1971, people are dying in East Bengal from lack of food, shelter, and medical caxc. The suffering and death that are occurring there now axe not inevitable, 1101; unavoidable in any fatalistic sense of the term. Constant poverty, a cyclone, and a civil war have turned at least nine million people into destitute refugees; nevertheless, it is not beyond Lhe capacity of the richer nations to give enough assistance to reduce any further suffering to (...)
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  • The ethics of care.Virginia Held - 2000 - In Steven M. Cahn (ed.), Exploring Philosophy: An Introductory Anthology. New York, NY, United States of America: Oxford University Press USA.
    In the last few decades, the ethics of care as a feminist ethic has given rise to extensive literature, and has affected moral inquiries in many areas. It offers a distinctive challenge to the dominant moral theories: Kantian moral theory, utilitarianism, and virtue ethics. This chapter outlines the distinctive features and promising possibilities of the ethics of care, and the criticisms that have been made against it. It then examines the ethics of care’s recognition of human dependency and of the (...)
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  • .J. Hampton - 2006 - Cambridge University Press.
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  • Why Punish?Michael Davis - 1993 - Law and Philosophy 12 (4):395-405.
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  • Spheres of Justice. [REVIEW]Norman Daniels - 1985 - Philosophical Review 94 (1):142-148.
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  • Time's Place.Joan Tronto - 2003 - Feminist Theory 4 (2):119-138.
    Spatial metaphors abound in feminist theory. The modest goal of this paper is to reassert the importance of temporal dimensions in thought for feminist thinking. In order to establish this general claim, several kinds of current thinking about time that are problematic for feminists are explored. First, the postmodern compression of time and space is considered from the standpoint of the changes it brings in the nature of care. Second, the privileging of the future over the past is considered in (...)
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  • Morals from Motives.C. Swanton - 2002 - Mind 111 (443):711-714.
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  • An Approach to the Problems of Punishment.S. I. Benn - 1958 - Philosophy 33 (127):325 - 341.
    I SHALL develop, in this article, certain distinctions suggested by recent contributions to the philosophical discussion of punishment, which help to clarify the issues involved. Having separated out what I consider the four central philosophical questions, I shall suggest an approach to them, which, while mainly utilitarian, takes due account, I believe, of the retributivist case where it is strongest, and meets the main retributivist objections.
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  • The Place of Care: The Relevance of the Feminist Ethic of Care for Social Policy.Selma Sevenhuijsen - 2003 - Feminist Theory 4 (2):179-197.
    In this article the relevance of the feminist ethic of care for current Dutch social policies is elaborated. It starts from the observation that Dutch society is witnessing two intertwined processes: the relocation of politics and the relocation of care. Together these processes result in the need for new normative frameworks for social policy. Care has to become part of the practices of active citizenship, which should be based on notions of relationality and interdependence. Basic moral concepts of the ethic (...)
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  • Caring discourse.Blanca Rodríguez Ruiz - 2005 - Philosophy and Social Criticism 31 (7):773-800.
    The ethic of care has often been opposed to the ethic of justice as offering a different and even a contradictory approach to moral problems. This article argues that, from the perspective of the discourse ethic, both approaches are complementary in a very fundamental sense, since each one applies to one of two stages of moral reasoning that are as different as they are interconnected. It argues, in particular, that while justice is concerned with the justification and elaboration of norms, (...)
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  • Communicative punishment and the role of the victim.R. A. Duff & S. E. Marshall - 2004 - Criminal Justice Ethics 23 (2):39-50.
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  • Responsibility Without Blame: Empathy and the Effective Treatment of Personality Disorder.Hanna Pickard - 2011 - Philosophy, Psychiatry, and Psychology 18 (3):209-224.
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  • Review of Anne Phillips: The Politics of Presence[REVIEW]Anne Phillips - 1997 - Ethics 107 (3):530-532.
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  • What is Objectification?Lina Papadaki - 2010 - Journal of Moral Philosophy 7 (1):16-36.
    Objectification is a notion central to contemporary feminist theory. It has famously been associated with the work of anti-pornography feminists Catharine MacKinnon and Andrea Dworkin, and more recently with the work of Martha Nussbaum. However, objectification is a notion that has not yet been adequately defined. It has been used rather vaguely to refer to a broad range of cases involving, in some way or another, the treatment of a person as an object. My purpose in this paper is to (...)
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  • Women and Human Development.Martha C. Nussbaum - 2003 - Mind 112 (446):372-375.
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  • Objectification.Martha C. Nussbaum - 1995 - Philosophy and Public Affairs 24 (4):249-291.
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  • Starting at Home: Caring and Social Policy.Nel Noddings - 2002 - University of California Press.
    Nel Noddings, one of the central figures in the contemporary discussion of ethics and moral education, argues that caring--a way of life learned at home--can be extended into a theory that guides social policy. Tackling issues such as capital punishment, drug treatment, homelessness, mental illness, and abortion, Noddings inverts traditional philosophical priorities to show how an ethic of care can have profound and compelling implications for social and political thought. Instead of beginning with an ideal state and then describing a (...)
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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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  • Sexual Solipsism.Rae Langton - 1995 - Philosophical Topics 23 (2):149-187.
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  • State Punishment.Nicola Lacey - 1988 - Philosophy 65 (252):239-241.
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  • From the Consulting Room to the Court Room? Taking the Clinical Model of Responsibility Without Blame into the Legal Realm.Nicola Lacey & Hanna Pickard - 2013 - Oxford Journal of Legal Studies 33 (1):1-29.
    Within contemporary penal philosophy, the view that punishment can only be justified if the offender is a moral agent who is responsible and hence blameworthy for their offence is one of the few areas on which a consensus prevails. In recent literature, this precept is associated with the retributive tradition, in the modern form of ‘just deserts’. Turning its back on the rehabilitative ideal, this tradition forges a strong association between the justification of punishment, the attribution of responsible agency in (...)
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  • The Failure of Trust-Based Retributivism.Daniel Korman - 2003 - Law and Philosophy 22 (6):561-575.
    Punishment stands in need of justification because it involves intentionally harming offenders. Trust-based retributivists attempt to justify punishment by appeal to the offender’s violation of the victim’s trust, maintaining that the state is entitled to punish offenders as a means of restoring conditions of trust to their pre-offense levels. I argue that trust-based retributivism fails on two counts. First, it entails the permissibility of punishing the legally innocent and fails to justify the punishment of some offenders. Second, it cannot satisfactorily (...)
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  • Book Review: Christine M. Koggel. PERSPECTIVES ON EQUALITY: CONSTRUCTING A RELATIONAL THEORY. Lanham, Md.: Rowman and Littlefield, 1998. [REVIEW]Susan Hekman - 2001 - Hypatia 16 (3):163-166.
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  • Perspectives on Equality: Constructing a Relational Theory.Christine M. Koggel - 1997 - Rowman & Littlefield Publishers.
    Beginning with liberalism's foundational idea of moral equality as the basis for treating people with equal concern and respect, Christine Koggel offers a modified account of what makes human beings equal and what is needed to achieve equality. Koggel utilizes insights from care ethics but switches the focus from care as a moral response within personal relationships to the broader network of relationships within which care is given or withheld. The result is an account of moral personhood and agency that (...)
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  • P.Immanuel Kant - 1969 - In Allgemeiner Kantindex Zu Kants Gesammelten Schriften. Band. 20. Abt. 3: Personenindex Zu Kants Gesammelten Schriften. De Gruyter. pp. 96-103.
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  • The Ethics of Care: Personal, Political, and Global.Mary Mahowald - 2009 - International Journal of Feminist Approaches to Bioethics 2 (1):177-181.
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