Results for 'retribution'

36 found
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  1. Robots, Law and the Retribution Gap.John Danaher - 2016 - Ethics and Information Technology 18 (4):299–309.
    We are living through an era of increased robotisation. Some authors have already begun to explore the impact of this robotisation on legal rules and practice. In doing so, many highlight potential liability gaps that might arise through robot misbehaviour. Although these gaps are interesting and socially significant, they do not exhaust the possible gaps that might be created by increased robotisation. In this article, I make the case for one of those alternative gaps: the retribution gap. This gap (...)
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  2. Understanding Retribution.Roger Wertheimer - 1983 - Criminal Justice Ethics 2 (2):19-38.
    Critical analysis of wide variety of conceptions and justifications of retribution and punishment. Emphasis is on pivotal role of condemnation.
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  3.  33
    A Plague on Both Your Statist Houses: Why Libertarian Restitution Beats State-Retribution and State-Leniency.J. C. Lester - 2005 - In Simple justice / Charles Murray ; commentaries, Rob Allen ; edited by David Conway.
    Charles Murray describes himself as a libertarian, most notably in his short book, What it Means to be a Libertarian. He might more accurately have described himself as having libertarian tendencies. My reading of Simple Justice is that the views it espouses are far more traditionalist than libertarian. Neither traditionalist state-retribution nor modernist state-leniency is libertarian. Nor does either provide as just or efficient a response to crime as does libertarian restitution, including restitutive retribution. Here, I shall respond (...)
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  4.  72
    Libertarian Rectification: Restitution, Retribution, and the Risk-Multiplier.J. C. Lester - 2000 - Journal of Value Inquiry 34 (2/3):287-297.
    Libertarians typically object to having the state deal with law and order for several general reasons: it is inefficient; it is carried out at the expense of taxpayers; and it punishes so-called victimless crimes. Exactly what the observance of liberty implies with respect to the treatment of tortfeasors and criminals is more controversial among libertarians. A pure theory of libertarian restitution and retribution is mainly what is attempted here, without becoming involved in general moral anti-state arguments. However, the pure (...)
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  5.  40
    Divine Retribution in Evolutionary Perspective.Isaac Wiegman - 2016 - In Wm Curtis Holtzen & Matthew Nelson Hill (eds.), In Spirit and Truth. Claremont: CST Press. pp. 181-202.
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  6. The Evolution of Retribution: Intuitions Undermined.Isaac Wiegman - 2017 - Pacific Philosophical Quarterly 98 (2):490-510.
    Recent empirical work suggests that emotions are responsible for anti-consequentialist intuitions. For instance, anger places value on actions of revenge and retribution, value not derived from the consequences of these actions. As a result, it contributes to the development of retributive intuitions. I argue that if anger evolved to produce these retributive intuitions because of their biological consequences, then these intuitions are not a good indicator that punishment has value apart from its consequences. This severs the evidential connection between (...)
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  7. Justice Without Retribution: An Epistemic Argument Against Retributive Criminal Punishment.Gregg D. Caruso - forthcoming - Neuroethics:1-16.
    Within the United States, the most prominent justification for criminal punishment is retributivism. This retributivist justification for punishment maintains that punishment of a wrongdoer is justified for the reason that she deserves something bad to happen to her just because she has knowingly done wrong—this could include pain, deprivation, or death. For the retributivist, it is the basic desert attached to the criminal’s immoral action alone that provides the justification for punishment. This means that the retributivist position is not reducible (...)
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  8. Prisons for Profit in the United States: Retribution and Means Vs. Ends.Christine James - 2012 - Journal for Human Rights 6 (1):76-93.
    The recent trend toward privately owned and operated prisons calls attention to a variety of issues involving human rights. The growing number of corporatized correctional institutions is especially notable in the United States, but it is also a global phenomenon in many countries. The reasons cited for privatizing prisons are usually economic; the opportunity to outsource prison services enables local political leaders to save tax revenue, and local communities are promised a chance to create new jobs and bring in a (...)
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  9. Taking Free Will Skepticism Seriously.Benjamin Vilhauer - 2012 - Philosophical Quarterly 62 (249):833-852.
    An apparently increasing number of philosophers take free will skepticism to pose a serious challenge to some of our practices. This must seem odd to many—why should anyone think that free will skepticism is relevant for our practices, when nobody seems to think that other canonical forms of philosophical skepticism are relevant for our practices? Part of the explanation may be epistemic, but here I focus on a metaethical explanation. Free will skepticism is special because it is compatible with ‘basic (...)
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  10.  23
    Anger and Punishment: Natural History and Normative Significance.Isaac Wiegman - 2014 - Dissertation, Washington University in St. Louis
    I argue that the evolutionary history of anger has substantive implications for normative ethics. In the process, I develop an evolutionary account of anger and its influence on action. First, I consider a prominent argument by Peter Singer and Joshua Greene. They conclude that evolutionary explanations of human cooperation debunk – or undercut the evidential value of – the moral intuitions supporting duty ethics (as opposed to utilitarian or consequentialist ethics). With this argument they aim to defend consequentialist theories. However, (...)
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  11.  23
    The Myth of Retributive Justice.Brian Slattery - 1992 - In Wesley Cragg (ed.), Retributivism and Its Critics. Stuttgart, Germany: Franz Steiner Verlag. pp. 27-34.
    In fairy tales, villains usually come to a bad end, snared in a trap of their own making, or visited with a disaster nicely suited to their particular villainy. Read a story of this kind to children and you will be struck by the profound satisfaction with which this predictable of events is greeted. Yet, if children cheer when the villain is done in, they are just as satisfied when the hero manages to get the villain by the throat but (...)
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  12. Kramer’s Purgative Rationale for Capital Punishment: A Critique.John Danaher - 2013 - Criminal Law and Philosophy 9 (2):225-244.
    Matthew Kramer has recently defended a novel justification for the death penalty, something he calls the purgative rationale. According to this rationale, the death penalty can be justifiably implemented if it is necessary in order to purge defilingly evil offenders from a moral community. Kramer claims that this rationale overcomes the problems associated with traditional rationales for the death penalty. Although Kramer is to be commended for carving out a novel niche in a well-worn dialectical space, I argue that his (...)
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  13. The Death Penalty Debate: Four Problems and New Philosophical Perspectives.Masaki Ichinose - June 2017 - Journal of Practical Ethics 5 (1):53-80.
    This paper aims at bringing a new philosophical perspective to the current debate on the death penalty through a discussion of peculiar kinds of uncertainties that surround the death penalty. I focus on laying out the philosophical argument, with the aim of stimulating and restructuring the death penalty debate. I will begin by describing views about punishment that argue in favour of either retaining the death penalty (‘retentionism’) or abolishing it (‘abolitionism’). I will then argue that we should not ignore (...)
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  14.  34
    Divine Forgiveness and Mercy in Evolutionary Perspective.Isaac Wiegman - 2017 - In Matthew Nelson Hill & Wm Curtis Holtzen (eds.), Connecting Faith and Science. Claremont: Claremont Press. pp. 189-220.
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  15. Imprisonment and the Right to Freedom of Movement.Robert C. Hughes - 2018 - In Chris W. Surprenant (ed.), Rethinking Punishment in the Era of Mass Incarceration. New York, USA: Routledge. pp. 89-104.
    Government’s use of imprisonment raises distinctive moral issues. Even if government has broad authority to make and to enforce law, government may not be entitled to use imprisonment as a punishment for all the criminal laws it is entitled to make. Indeed, there may be some serious crimes that it is wrong to punish with imprisonment, even if the conditions of imprisonment are humane and even if no adequate alternative punishments are available.
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  16. Should We Aim for a Unified and Coherent Theory of Punishment?Mark Tunick - 2016 - Criminal Law and Philosophy 10 (3):611-628.
    Thom Brooks criticizes utilitarian and retributive theories of punishment but argues that utilitarian and retributive goals can be incorporated into a coherent and unified theory of punitive restoration, according to which punishment is a means of reintegrating criminals into society and restoring rights. I point to some difficulties with Brooks’ criticisms of retributive and utilitarian theories, and argue that his theory of punitive restoration is not unified or coherent. I argue further that a theory attempting to capture the complex set (...)
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  17. Kant's Mature Theory of Punishment, and a First Critique Ideal Abolitionist Alternative.Benjamin Vilhauer - forthcoming - In Matthew Altman (ed.), Palgrave Kant Handbook.
    This chapter has two goals. First, I will present an interpretation of Kant’s mature account of punishment, which includes a strong commitment to retributivism. Second, I will sketch a non-retributive, “ideal abolitionist” alternative, which appeals to a version of original position deliberation in which we choose the principles of punishment on the assumption that we are as likely to end up among the punished as we are to end up among those protected by the institution of punishment. This is radical (...)
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  18. Moral Responsibility and the Strike Back Emotion: Comments on Bruce Waller’s The Stubborn System of Moral Responsibility.Gregg Caruso - forthcoming - Syndicate Philosophy 1 (1).
    In The Stubborn System of Moral Responsibility (2015), Bruce Waller sets out to explain why the belief in individual moral responsibility is so strong. He begins by pointing out that there is a strange disconnect between the strength of philosophical arguments in support of moral responsibility and the strength of philosophical belief in moral responsibility. While the many arguments in favor of moral responsibility are inventive, subtle, and fascinating, Waller points out that even the most ardent supporters of moral responsibility (...)
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  19. Just Cause and the Continuous Application of Jus Ad Bellum.Uwe Steinhoff - forthcoming - In Larry May May, Shannon Elizabeth Fyfe & Eric Joseph Ritter (eds.), The Cambridge Handbook on Just War Theory. Cambridge University Press.
    What one is ultimately interested in with regard to ‘just cause’ is whether a specific war, actual or potential, is justified. I call this ‘the applied question’. Answering this question requires knowing the empirical facts on the ground. However, an answer to the applied question regarding a specific war requires a prior answer to some more general questions, both descriptive and normative. These questions are: What kind of thing is a ‘just cause’ for war (an aim, an injury or wrong (...)
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  20. Partial Desert.Tamler Sommers - forthcoming - In David Shoemaker (ed.), Oxford Studies in Agency and Responsibility. Oxford University Press.
    Theories of moral desert focus only on the personal culpability of the agent to determine the amount of blame and punishment the agent deserves. I defend an alternative account of desert, one that does not focus only facts about offenders and their offenses. In this revised framework, personal culpability can do no more than set upper and lower limits for deserved blame and punishment. For more precise judgments within that spectrum, additional factors must be considered, factors that are independent of (...)
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  21.  56
    An Asymmetrical Approach to Kant's Theory of Freedom.Benjamin Vilhauer - forthcoming - In Dai Heide and Evan Tiffany (ed.), The Idea of Freedom: New Essays on the Interpretation and Significance of Kant's Theory of Freedom.
    Asymmetry theories about free will and moral responsibility are a recent development in the long history of the free will debate. To my knowledge, Kant commentators have not yet explored the possibility of an asymmetrical reconstruction of Kant's theory of freedom, and that will be my goal here. By "free will", I mean the sort of control we would need to be morally responsible for our actions. Kant's term for it is "transcendental freedom", and he refers to the attribution of (...)
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  22.  77
    Smith on Moral Sentiment and Moral Luck.Paul Russell - 1999 - History of Philosophy Quarterly 16 (1):37 - 58.
    Smith's views on moral luck have attracted little attention in the relevant contemporary literature on this subject.* More surprising, perhaps, the material in the secondary literature directly concerned with Smith's moral philosophy is rather thin on this aspect of his thought. In this paper my particular concern is to provide an interpretation and critical assessment of Smith on moral luck. I begin with a description of the basic features of Smith's position; then I criticize two particularly important claims that are (...)
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  23.  58
    God and Prepunishment.Lloyd Strickland - 2011 - Philosophical Papers 40 (1):105-127.
    The belief that some misfortunes are punishments sent from God has been affirmed by many different cultures and religions throughout human history. The belief has proved a pervasive one, and is still endorsed today by many adherents of the great western religions of the Judaeo-Christian tradition. Invariably, what is believed is that a present misfortune is divine punishment for a past sin. But could a present misfortune in fact be divine punishment for a future sin? That is, could God prepunish (...)
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  24.  13
    Punishment (an Introductory Socratic Dialogue).Brent Silby - manuscript
    In this modern Socratic dialogue, Socrates discusses the nature of punishment with a friend who believes that criminals are dealt with too softly. Socrates argues that retributive punishment is unjust.
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  25. Karma, Moral Responsibility and Buddhist Ethics.Bronwyn Finnigan - forthcoming - In Manuel Vargas & John Doris (eds.), Oxford Handbook of Moral Psychology.
    The Buddha taught that there is no self. He also accepted a version of the doctrine of karmic rebirth, according to which good and bad actions accrue merit and demerit respectively and where this determines the nature of the agent’s next life and explains some of the beneficial or harmful occurrences in that life. But how is karmic rebirth possible if there are no selves? If there are no selves, it would seem there are no agents that could be held (...)
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  26. Targeted Killings: Legal and Ethical Justifications.Tomasz Zuradzki - 2015 - In Marcelo Galuppo (ed.), Human Rights, Rule of Law and the Contemporary Social Challenges in Complex Societies. pp. 2909-2923.
    The purpose of this paper is the analysis of both legal and ethical ways of justifying targeted killings. I compare two legal models: the law enforcement model vs the rules of armed conflicts; and two ethical ones: retribution vs the right of self-defence. I argue that, if the targeted killing is to be either legally or ethically justified, it would be so due to fulfilling of some criteria common for all acceptable forms of killing, and not because terrorist activity (...)
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  27. Kant on Capital Punishment and Suicide.Attila Ataner - 2006 - Kant-Studien 97 (4):452-482.
    From a juridical standpoint, Kant ardently upholds the state's right to impose the death penalty in accordance with the law of retribution. At the same time, from an ethical standpoint, Kant maintains a strict proscription against suicide. The author proposes that this latter position is inconsistent with and undercuts the former. However, Kant's division between external (juridical) and internal (moral) lawgiving is an obstacle to any argument against Kant's endorsement of capital punishment based on his own disapprobation of suicide. (...)
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  28. Changing the Criminal Character: Nanotechnology and Criminal Punishment.Katrina Sifferd - 2012 - In A. Santosuosso (ed.), Proceedings of the 2011 Law and Science Young Scholars Symposium. Pavia University Press.
    This chapter examines how advances in nanotechnology might impact criminal sentencing. While many scholars have considered the ethical implications of emerging technologies, such as nanotechnology, few have considered their potential impact on crucial institutions such as our criminal justice system. Specifically, I will discuss the implications of two types of technological advances for criminal sentencing: advanced tracking devices enabled by nanotechnology, and nano-neuroscience, including neural implants. The key justifications for criminal punishment- including incapacitation, deterrence, rehabilitation, and retribution – apply (...)
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  29. Punishment, Compensation, and Law: A Theory of Enforceability.Mark R. Reiff - 2005 - Cambridge University Press.
    This book is the first comprehensive study of the meaning and measure of enforceability. While we have long debated what restraints should govern the conduct of our social life, we have paid relatively little attention to the question of what it means to make a restraint enforceable. Focusing on the enforceability of legal rights but also addressing the enforceability of moral rights and social conventions, Mark Reiff explains how we use punishment and compensation to make restraints operative in the world. (...)
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  30. Virtue Ethics and Criminal Punishment.Katrina Sifferd - 2016 - In Jon Webber & Alberto Masala (eds.), From Personality to Virtue. Oxford University Press.
    In this chapter I use virtue theory to critique certain contemporary punishment practices. From the perspective of virtue theory, respect for rational agency indicates a respect for choice-making as the process by which we form dispositions which in turn give rise to further choices and action. To be a moral agent one must be able to act such that his or her actions deserve praise or blame; virtue theory thus demands that moral agents engage in rational choice-making as a means (...)
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  31. The Role of Puñña and Kusala in the Dialectic of the Twofold Right Vision and the Temporary Integration of Eternalism in the Path Towards Spiritual Emancipation According to the Pāli Nikāyas.Krishna Del Toso - 2008 - Esercizi Filosofici 3 (3):32-58.
    Abstract: This article shows how in the Pāli Nikāyas, after having defined Eternalism and Nihilism as two opposed positions, Gotama makes a dialectical use of Eternalism as means to eliminate Nihilism, upheld to be the worst point of view because of its denial of kammic maturation in terms of puñña and pāpa. Assuming, from an Eternalist perspective, that actions have effects also beyond the present life, Gotama underlines the necessity of betting on the validity of moral kammic retribution. Having (...)
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  32. Hard Determinism, Remorse, and Virtue Ethics.Ben Vilhauer - 2004 - Southern Journal of Philosophy 42 (4):547-564.
    When hard determinists reject the claim that people deserve particular kinds of treatment because of how they have acted, they are left with a problem about remorse. Remorse is often represented as a way we impose retribution on ourselves when we understand that we have acted badly. (This view of remorse appears in the work of Freud, and I think it fits our everyday, pretheoretical understanding of one kind of remorse.) Retribution of any kind cannot be appropriate if (...)
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  33. The Mens Rea of Accomplice Liability: Supporting Intentions.Sherif Girgis - 2013 - Yale Law Journal 123:460-494.
    Accomplice liability makes someone guilty of a crime he never committed, so long as he helped or influenced the perpetrator and did so with the required mens rea. Just what that mens rea should be has been contested for more than a century. Here I consider three major approaches and find them all wanting. I propose rejecting their common (but rarely questioned) assumption that what matters is the helper’s mental state toward the perpetrator’s commission of an offense. I suggest considering (...)
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  34. Implicit Theories of Morality, Personality, and Contextual Factors in Moral Appraisal.Ana Maria Hojbotă - 2014 - Symposion: Theoretical and Applied Inquiries in Philosophy and Social Sciences 1 (2):191-221.
    This article explores the implicit theories of morality, or the conceptions regarding the patterns of stability, continuity and change in moral dispositions, both in lay and academic discourses. The controversies surrounding these conceptions and the fragmentation of the models and perspectives in metaethics and moral psychology endangers the pursuit of adequate operationalizations of morally relevant constructs. The current debate between situationists, who deny that character is an useful concept for understanding human behavior, which is better explained by contextual factors (Doris (...)
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  35. Denying Pell Grants to Prisoners: Race, Class, and the Philosophy of Mass Incarceration.Jason L. Mallory - 2015 - International Social Science Review 90 (1).
    This paper asks whether prisoners should have access to Pell Grants, for which they are currently ineligible. In the first section, the author considers philosophical arguments relating to the present ban by examining traditional concerns of deterrence, rehabilitation, and retribution. The second section explores two arguments against a more inclusive Pell Grant policy. In the third section the author argues that restoring higher education grants to prisoners is compelling, especially when one considers issues of race and class. The paper (...)
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  36.  30
    Elizabeth Anscombe e la svolta normativa del 1958.Sergio Volodia Marcello Cremaschi - 2010 - In Juan Andrés Mercado (ed.), Elisabeth Anscombe e la psicologia morale. Roma, Italy: Armando. pp. 43-80.
    I discuss the three theses defended by Anscombe in 'Modern Moral Philosophy'. I argue that: a) her answer to the question "why should I be moral?" requires a solution of the problem of theodicy and ignores any attempts to save the moral point of view without recourse to divine retribution; b) her notion of divine law is an odd one, more neo-Augustinian than Biblical or Scholastic; c) her image of Kantian ethics and intuitionism is the impoverished image manufactured by (...)
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