Results for 'retributivism'

59 found
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  1. Retributivism Revisited.Nathan Hanna - 2014 - Philosophical Studies 167 (2):473-484.
    I’ll raise a problem for Retributivism, the view that legal punishment is justified on the basis of desert. I’ll focus primarily on Mitchell Berman’s recent defense of the view. He gives one of the most sophisticated and careful statements of it. And his argument is representative, so the problem I’ll raise for it will apply to other versions of Retributivism. His insights about justification also help to make the problem particularly obvious. I’ll also show how the problem extends (...)
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  2.  52
    Retributivism, Free Will Skepticism, and the Public Health-Quarantine Model: Replies to Kennedy, Walen, Corrado, Sifferd, Pereboom, and Shaw.Gregg D. Caruso - 2022 - Journal of Legal Philosophy 2 (46):161-216.
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  3. Hitting Retributivism Where It Hurts.Nathan Hanna - 2019 - Criminal Law and Philosophy 13 (1):109-127.
    Many philosophers think that, when someone deserves something, it’s intrinsically good that she get it or there’s a non-instrumental reason to give it to her. Retributivists who try to justify punishment by appealing to claims about what people deserve typically assume this view or views that entail it. In this paper, I present evidence that many people have intuitions that are inconsistent with this view. And I argue that this poses a serious challenge to retributivist arguments that appeal to desert.
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  4.  75
    Retributivism, Free Will, and the Public Health-Quarantine Model.Gregg D. Caruso - forthcoming - In Palgrave Handbook of the Philosophy of Punishment. London, UK:
    This chapter outlines six distinct reasons for rejecting retributivism, not the least of which is that it’s unclear that agents possess the kind of free will and moral responsibility needed to justify it. It then sketches a novel non-retributive alternative called the public health-quarantine model. The core idea of the model is that the right to harm in self-defense and defense of others justifies incapacitating the criminally dangerous with the minimum harm required for adequate protection. The model also draws (...)
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  5.  98
    Super-Retributivism.Paul Bali - manuscript
    a criminal, C, inflicts an injustice upon their Victim. thus C deserves to suffer an injustice: an excessive punishment.
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  6.  39
    Retributivism and Uncertainty : Why Do We Punish Criminals?Sofia Jeppsson - 2021 - Daily Philosophy (18).
    Published on Daily Philosophy 2021-10-18 Why do we have a criminal justice system? What could possibly justify the state punishing its citizens? Philosophers, scholars of law, politicians and others have proposed different justifications, one of them being retributivism: the view that we ought to give offenders the suffering that they deserve for harming others. However, intentionally harming other people and making them suffer is serious business. If we are to do this in the name of what’s right and good, (...)
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  7. Compatibilism and Retributivist Desert Moral Responsibility: On What is of Central Philosophical and Practical Importance.Gregg D. Caruso & Stephen G. Morris - 2017 - Erkenntnis 82 (4):837-855.
    Much of the recent philosophical discussion about free will has been focused on whether compatibilists can adequately defend how a determined agent could exercise the type of free will that would enable the agent to be morally responsible in what has been called the basic desert sense :5–24, 1994; Fischer in Four views on free will, Wiley, Hoboken, 2007; Vargas in Four views on free will, Wiley, Hoboken, 2007; Vargas in Philos Stud, 144:45–62, 2009). While we agree with Derk Pereboom (...)
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  8. Will Retributivism Die and Will Neuroscience Kill It?Iskra Fileva & Jon Tresan - 2015 - Cognitive Systems Research 34:54-70.
    In a widely read essay, “For the Law, Neuroscience Changes Nothing and Everything,” Joshua Greene and Jonathan Cohen argue that the advance of neuroscience will result in the widespread rejection of free will, and with it – of retributivism. They go on to propose that consequentialist reforms are in order, and they predict such reforms will take place. We agree that retributivism should be rejected, and we too are optimistic that rejected it will be. But we don’t think (...)
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  9. Why Retributivism Needs Consequentialism: The Rightful Place of Revenge in the Criminal Justice System.Ken Levy - 2014 - Rutgers Law Review 66:629-684.
    Consider the reaction of Trayvon Martin’s family to the jury verdict. They were devastated that George Zimmerman, the defendant, was found not guilty of manslaughter or murder. Whatever the merits of this outcome, what does the Martin family’s emotional reaction mean? What does it say about criminal punishment – especially the reasons why we punish? Why did the Martin family want to see George Zimmerman go to jail? And why were – and are – they so upset that he didn’t? (...)
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  10. Is Kant a Retributivist?M. Tunick - 1996 - History of Political Thought 17 (1):60-78.
    Retributivists are often thought to give 'deontological' theories of punishment, arguing that we should punish not for the beneficial consequences of doing so such as deterrence or incapacitation, but purely because justice demands it. Kant is often regarded as the paradigmatic retributivist. In some passages Kant does appear to give a deontological theory of punishment. For example, Kant insists that on an island where all the people were to leave the next day, forever dissolving and dispersing the community, the last (...)
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  11.  30
    Undermining Retributivism.Nada Gligorov - 2014 - APA Newsletter on Philosophy and Medicine 13 (2):7-12.
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  12.  20
    Precis of Rejecting Retributivism: Free Will, Punishment, and Criminal Justice.Gregg D. Caruso - 2022 - Journal of Legal Philosophy 2 (46):120-125.
    Précis of Rejecting Retributivism: Free Will, Punishment, and Criminal Justice (2022).
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  13. Retributivism and Outraged Love: A Search for the Heart of Retributive Justice.Richard Oxenberg - manuscript
    "An eye for an eye will make the whole world blind." This quote, often attributed to Gandhi, suggests the illegitimacy of the retributive urge. On the other hand, many feel a strong intuitive sense that "justice must be served" and that violators of justice must be fittingly punished. In this paper I examine the urge for retributive justice and argue that, at its base, it is rooted in a profound desire to have a wrongdoer see the nature of his or (...)
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  14. Does Communicative Retributivism Necessarily Negate Capital Punishment?Jimmy Chia-Shin Hsu - 2015 - Criminal Law and Philosophy 9 (4):603-617.
    Does communicative retributivism necessarily negate capital punishment? My answer is no. I argue that there is a place, though a very limited and unsettled one, for capital punishment within the theoretical vision of communicative retributivism. The death penalty, when reserved for extravagantly evil murderers for the most heinous crimes, is justifiable by communicative retributive ideals. I argue that punishment as censure is a response to the preceding message sent by the offender through his criminal act. The gravity of (...)
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  15. Less for Recidivists? Why Retributivists Have a Reason to Punish Repeat Offenders Less Harshly Than First-Time Offenders ∗.Thomas Søbirk Petersen - 2012 - In Jesper Ryberg Claudio Tamburrini (ed.), Recidivists Punishment: The Philosophers' view. Lextington books.
    About 80 % of all convicted have had a prior record of conviction. But how should the state punish repeat offenders (with a prior conviction) as compared with first-time offenders who are convicted? The law in all jurisdictions, a large swathe of public opinion, and the general trend within criminal justice ethics all seem to accept what we may call: -/- Asymmetry A The punishment of repeat offenders should be harsher than the punishment of first-time offenders. -/- This asymmetry is (...)
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  16. Say What? A Critique of Expressive Retributivism.Nathan Hanna - 2008 - Law and Philosophy 27 (2):123-150.
    Some philosophers think that the challenge of justifying punishment can be met by a theory that emphasizes the expressive character of punishment. A particular type of theories of this sort - call it Expressive Retributivism [ER] - combines retributivist and expressivist considerations. These theories are retributivist since they justify punishment as an intrinsically appropriate response to wrongdoing, as something wrongdoers deserve, but the expressivist element in these theories seeks to correct for the traditional obscurity of retributivism. Retributivists often (...)
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  17.  77
    Book Review: Social Meaning, Retributivism, and Homicide. [REVIEW]Kenneth W. Simons - 2000 - Law and Philosophy 19 (3):407 - 429.
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  18. 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 (...)
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  19. Justice without Retribution: An Epistemic Argument against Retributive Criminal Punishment.Gregg D. Caruso - 2020 - Neuroethics 13 (1):13-28.
    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 (...)
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  20. Free Will Skepticism and Criminal Behavior: A Public Health-Quarantine Model.Gregg D. Caruso - 2016 - Southwest Philosophy Review 32 (1):25-48.
    One of the most frequently voiced criticisms of free will skepticism is that it is unable to adequately deal with criminal behavior and that the responses it would permit as justified are insufficient for acceptable social policy. This concern is fueled by two factors. The first is that one of the most prominent justifications for punishing criminals, retributivism, is incompatible with free will skepticism. The second concern is that alternative justifications that are not ruled out by the skeptical view (...)
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  21. 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 (...)
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  22. Persons, Punishment, and Free Will Skepticism.Benjamin Vilhauer - 2013 - Philosophical Studies 162 (2):143-163.
    The purpose of this paper is to provide a justification of punishment which can be endorsed by free will skeptics, and which can also be defended against the "using persons as mere means" objection. Free will skeptics must reject retributivism, that is, the view that punishment is just because criminals deserve to suffer based on their actions. Retributivists often claim that theirs is the only justification on which punishment is constrained by desert, and suppose that non-retributive justifications must therefore (...)
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  23.  78
    The Intrinsic Good of Justice.Brian Rosebury - 2019 - Ratio Juris 32 (2):193-209.
    Some retributivists claim that when we punish wrongdoers we achieve a good: justice. The paper argues that the idea of justice, though rhetorically freighted with positive value, contains only a small core of universally-agreed meaning; and its development in a variety of competing conceptions simply recapitulates, without resolving, debates within the theory of punishment. If, to break this deadlock, we stipulate an expressly retributivist conception of justice, then we should concede that punishment which is just may be morally wrong.
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  24. Karma, Moral Responsibility and Buddhist Ethics.Bronwyn Finnigan - 2022 - In Manuel Vargas & John Doris (eds.), Oxford Handbook of Moral Psychology. Oxford: Oxford University Press. pp. 7-23.
    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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  25. The Public Health-Quarantine Model.Gregg D. Caruso - forthcoming - In Oxford Handbook of Moral Responsibility. New York: Oxford University Press.
    One of the most frequently voiced criticisms of free will skepticism is that it is unable to adequately deal with criminal behavior and that the responses it would permit as justified are insufficient for acceptable social policy. This concern is fueled by two factors. The first is that one of the most prominent justifications for punishing criminals, retributivism, is incompatible with free will skepticism. The second concern is that alternative justifications that are not ruled out by the skeptical view (...)
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  26. Contractualism and Punishment.Hon-Lam Li - 2015 - Criminal Justice Ethics 34 (2):177-209.
    T. M. Scanlon’s contractualism is a meta-ethical theory that explains moral motivation and also provides a conception of how to carry out moral deliberation. It supports non-consequentialism – the theory that both consequences and deontological considerations are morally significant in moral deliberation. Regarding the issue of punishment, non-consequentialism allows us to take account of the need for deterrence as well as principles of fairness, justice, and even desert. Moreover, Scanlonian contractualism accounts for permissibility in terms of justifiability: An act is (...)
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  27.  60
    Kant on Remorse, Suicide, and the Descent Into Hell.Benjamin Vilhauer - manuscript
    Kant’s conception of remorse has not received focused discussion in the literature. I argue that he thinks we ought to experience remorse for both retributivist and consequentialist reasons. This account casts helpful light on his ideas of conversion and the descent into the hell of self-cognition. But while he prescribes a heartbreakingly painful experience of remorse, he acknowledges that excess remorse can threaten rational agency through distraction and suicide, and this raises questions about whether actual human beings ought to cultivate (...)
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  28.  6
    Let's Not Do Responsibility Skepticism.Ken M. Levy - forthcoming - Journal of Applied Philosophy.
    I argue for three conclusions. First, responsibility skeptics are committed to the position that the criminal justice system should adopt a universal non-responsibility excuse. Second, a universal non-responsibility excuse would diminish some of our most deeply held values, further dehumanize criminals, exacerbate mass incarceration, and cause an even greater number of innocent people (non-wrongdoers) to be punished. Third, while Saul Smilansky’s “illusionist” response to responsibility skeptics—that even if responsibility skepticism is correct, society should maintain a responsibility-realist/retributivist criminal justice system—is generally (...)
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  29. Cruelty, Competency, and Contemporary Abolitionism.Michael Cholbi - 2005 - In A. Sarat (ed.), Studies in Law, Politics, and Society. pp. 123-140.
    After establishing that the requirement that those criminals who stand for execution be mentally competent can be given a recognizably retributivist rationale, I suggest that not only it is difficult to show that executing the incompetent is more cruel than executing the competent, but that opposing the execution of the incompetent fits ill with the recent abolitionist efforts on procedural concerns. I then propose two avenues by which abolitionists could incorporate such opposition into their efforts.
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  30.  23
    From Is_ to _Ought. How Scientific Research in the Field of Moral Cognition Can Impact the Criminal Law.Levin Güver - 2019 - Cognitio: Student Law and Society Forum 2:1–22.
    Rapid technological advancements such as fMRI have led to the rise of neuroscientific discoveries. Coupled with findings from cognitive psychology, they are claiming to have solved the millennia-old puzzle of moral cognition. If true, our societal structures – and with that the criminal law – would be gravely impacted. This thesis concerns itself with four distinct theories stemming from the disciplines above as to what mechanisms constitute moral judgement: the Stage Model by KOHLBERG, the Universal Moral Grammar Theory by MIKHAIL, (...)
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  31.  97
    Minds, Brains, and Desert: On the Relevance of Neuroscience for Retributive Punishment.Alva Stråge - 2019 - Dissertation, University of Gothenburg
    It is a common idea, and an element in many legal systems, that people can deserve punishment when they commit criminal (or immoral) actions. A standard philosophical objection to this retributivist idea about punishment is that if human choices and actions are determined by previous events and the laws of nature, then we are not free in the sense required to be morally responsible for our actions, and therefore cannot deserve blame or punishment. It has recently been suggested that this (...)
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  32. Hard-Incompatibilist Existentialism: Neuroscience, Punishment, and Meaning in Life.Derk Pereboom & Gregg D. Caruso - 2018 - In Gregg D. Caruso & Owen Flanagan (eds.), Neuroexistentialism: Meaning, Morals, and Purpose in the Age of Neuroscience. Oxford University Press.
    As philosophical and scientific arguments for free will skepticism continue to gain traction, we are likely to see a fundamental shift in the way people think about free will and moral responsibility. Such shifts raise important practical and existential concerns: What if we came to disbelieve in free will? What would this mean for our interpersonal relationships, society, morality, meaning, and the law? What would it do to our standing as human beings? Would it cause nihilism and despair as some (...)
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  33. Bound: Essays on Free Will and Responsibility, by Shaun Nichols: Oxford: Oxford University Press, 2015, Pp. Viii + 188, £25. [REVIEW]Joshua May - 2016 - Australasian Journal of Philosophy 94 (2):416-417.
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  34. Two Claims About Desert.Nathan Hanna - 2013 - Pacific Philosophical Quarterly 94 (1):41-56.
    Many philosophers claim that it is always intrinsically good when people get what they deserve and that there is always at least some reason to give people what they deserve. I highlight problems with this view and defend an alternative. I have two aims. First, I want to expose a gap in certain desert-based justifications of punishment. Second, I want to show that those of us who have intuitions at odds with these justifications have an alternative account of desert at (...)
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  35.  73
    Justice Without Retribution: Interdisciplinary Perspectives, Stakeholder Views and Practical Implications.Farah Focquaert, Gregg Caruso, Elizabeth Shaw & Derk Pereboom - 2020 - Neuroethics 13 (1):1-3.
    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 (...)
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  36. Symposium. The Apology Ritual.Christopher Bennett, Edgar Maraguat, J. M. Pérez Bermejo, Antony Duff, J. L. Martí, Sergi Rosell & Constantine Sandis - 2012 - Teorema: International Journal of Philosophy 31 (2).
    Symposium on Christopher Bennet's The Apology Ritual. A Philosophical Theory of Punishment [Cambridge University Press, 2008].
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  37. Free Will Skepticism and Its Implications: An Argument for Optimism.Gregg Caruso - 2019 - In Elizabeth Shaw (ed.), Free Will Skepticism in Law and Society. New York: pp. 43-72.
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  38. Free Will Skepticism and the Question of Creativity: Creativity, Desert, and Self-Creation.D. Caruso Gregg - 2016 - Ergo: An Open Access Journal of Philosophy 3.
    Free will skepticism maintains that what we do, and the way we are, is ultimately the result of factors beyond our control and because of this we are never morally responsible for our actions in the basic desert sense—the sense that would make us truly deserving of praise and blame. In recent years, a number of contemporary philosophers have advanced and defended versions of free will skepticism, including Derk Pereboom (2001, 2014), Galen Strawson (2010), Neil Levy (2011), Bruce Waller (2011, (...)
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  39.  79
    Forgiveness and Punishment in Kant's Moral System.Paula Satne - 2018 - In Larry Krasnoff, Nuria Sánchez Madrid & Paula Satne (eds.), Kant's Doctrine of Right in the 21st Century. Cardiff: University of Wales Press. pp. 201-219.
    Forgiveness as a positive response to wrongdoing is a widespread phenomenon that plays a role in the moral lives of most persons. Surprisingly, Kant has very little to say on the matter. Although Kant dedicates considerable space to discussing punishment, wrongdoing and grace, he addresses the issues of human forgiveness directly only in some short passages in the Lectures on Ethics and in one passage of the Metaphysics of Morals. As noted by Sussman, the TL passage, however, betrays some ambivalence. (...)
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  40. 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 retributive (...)
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  41. Republican Theory and Criminal Punishment.Philip Pettit - 1997 - Utilitas 9 (1):59.
    Suppose we embrace the republican ideal of freedom as non-domination: freedom as immunity to arbitrary interference. In that case those acts that call uncontroversially for criminalization will usually be objectionable on three grounds: the offender assumes a dominating position in relation to the victim, the offender reduces the range or ease of undominated choice on the part of the victim, and the offender raises a spectre of domination for others like the victim. And in that case, so it appears, the (...)
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  42. 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. Nevertheless, (...)
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  43. Hell and the Problem of Evil.Andrei A. Buckareff & Allen Plug - 2013 - In Justin McBrayer & Daniel Howard-Snyder (eds.), The Blackwell Companion to the Problem of Evil. Wiley-Blackwell. pp. 128-143.
    The case is discussed for the doctrine of hell as posing a unique problem of evil for adherents to the Abrahamic religions who endorse traditional theism. The problem is particularly acute for those who accept retributivist formulations of the doctrine of hell according to which hell is everlasting punishment for failing to satisfy some requirement. Alternatives to retributivism are discussed, including the unique difficulties that each one faces.
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  44. Distributive and Retributive Desert in Rawls.Jake Greenblum - 2010 - Journal of Social Philosophy 41 (2):169-184.
    In this paper I examine John Rawls’s understanding of desert. Against Samuel Scheffler, I maintain that the reasons underlying Rawls’s rejection of the traditional view of distributive desert in A Theory of Justice also commit him to rejecting the traditional view of retributive desert. Unlike Rawls’s critics, however, I view this commitment in a positive light. I also argue that Rawls’s later work commits him to rejecting retributivism as a public justification for punishment.
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  45. Entrapment and Retributive Theory.Mark Tunick - 2011 - In Mark White (ed.), Retributivism: Essays on Theory and Policy. Oxford University Press.
    I address the question, ‘Should a retributivist support an entrapment defense and if so, under what circumstances?’, by considering the culpability of entrapped defendants. An entrapment defense is invoked by defendants who claim they violated the law because they were enticed to crime by the police and would not otherwise have committed the crime. There are different rationales for the defense: people who are normally law abiding, and who are not predisposed to commit crimes, do not commit crimes merely when (...)
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  46.  45
    Reactive Sentiments and the Justification of Punishment.Andrew Engen - 2015 - Philosophy and Public Issues - Filosofia E Questioni Pubbliche 5 (1):173-205.
    Traditional justifications of punishment, deterrence theory and retributivism, are subject to counterexamples that show that they do not explain why generally we have positive reason to punish those who commit serious crimes. Nor do traditional views sufficiently explain why criminals cannot reasonably object to punishment on the grounds that it deprives them of goods to which they are usually entitled. I propose an alternative justification of punishment, grounded in its blaming function. According to the “reactive theory,” punishment is justified (...)
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  47. Rescuing Fair-Play as a Justification for Punishment.Matt K. Stichter - 2010 - Res Publica 16 (1):73-81.
    The debate over whether ‘fair-play’ can serve as a justification for legal punishment has recently resumed with an exchange between Richard Dagger and Antony Duff. According to the fair-play theorist, criminals deserve punishment for breaking the law because in so doing the criminal upsets a fair distribution of benefits and burdens, and punishment rectifies this unfairness. Critics frequently level two charges against this idea. The first is that it often gives the wrong explanation of what makes crime deserving of punishment, (...)
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  48. Kantian Remorse with and Without Self-Retribution.Benjamin Vilhauer - 2022 - Kantian Review 27 (3):421-441.
    This is a semifinal draft of a forthcoming paper. Kant’s account of the pain of remorse involves a hybrid justification based on self-retribution, but constrained by forward-looking principles which say that we must channel remorse into improvement, and moderate its pain to avoid damaging our rational agency. Kant’s corpus also offers material for a revisionist but textually-grounded alternative account based on wrongdoers’ sympathy for the pain they cause. This account is based on the value of care, and has forward-looking constraints (...)
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  49. The Utilitarian Justification of Prepunishment.Voin Milevski - 2014 - Polish Journal of Philosophy 8 (1):25-35.
    According to Christopher New, prepunishment is punishment for an offence before the offence is committed. I will first analyze New’s argument, along with theepistemic conditions for practicing prepunishment. I will then deal with an important conceptual objection, according to which prepunishment is not a genuine kind of ‘punishment’. After that, I will consider retributivism and present conclusive reasons for the claim that it cannot justify prepunishment without leading to paradoxical results. I shall then seek to establish that from the (...)
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  50.  38
    Natural Punishment.Raff Donelson - 2022 - North Carolina Law Review 100 (2):557-600.
    A man, carrying a gun in his waistband, robs a food vendor. In making his escape, the gun discharges, critically injuring the robber. About such instances, it is common to think, “he got what he deserved.” This Article seeks to explore cases like that—cases of “natural punishment.” Natural punishment occurs when a wrongdoer faces serious harm that results from her wrongdoing and not from anyone seeking retribution against her. The Article proposes that U.S. courts follow their peers and recognize natural (...)
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