Results for 'Capital Punishment'

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  1. Capital Punishment.Benjamin S. Yost - 2017 - In Mortimer Sellers & Stephan Kirste (eds.), Encyclopedia of the Philosophy of Law and Social Philosophy. Springer. pp. 1-9.
    Capital punishment—the legally authorized killing of a criminal offender by an agent of the state for the commission of a crime—stands in special need of moral justification. This is because execution is a particularly severe punishment. Execution is different in kind from monetary and custodial penalties in an obvious way: execution causes the death of an offender. While fines and incarceration set back some of one’s interests, death eliminates the possibility of setting and pursuing ends. While fines (...)
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  2. Can Capital Punishment Survive if Black Lives Matter?Michael Cholbi & Alex Madva - 2021 - In Michael Cholbi, Brandon Hogan, Alex Madva & Benjamin S. Yost (eds.), The Movement for Black Lives: Philosophical Perspectives. New York, NY: Oxford University Press, Usa.
    Drawing upon empirical studies of racial discrimination dating back to the 1940’s, the Movement for Black Lives platform calls for the abolition of capital punishment. Our purpose here is to defend the Movement’s call for death penalty abolition in terms congruent with its claim that the death penalty in the U.S. is a “racist practice” that “devalues Black lives.” We first sketch the jurisprudential history of race and capital punishment in the U.S., wherein courts have occasionally (...)
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  3. Is Capital Punishment Murder?Luke Maring - 2018 - Notre Dame Journal of Law, Ethics and Public Policy 32 (2):587-601.
    This Article argues that just as the act of forcing sex upon a rapist is itself rape, the execution of a murderer is itself murder. Part I clears the way by defeating three simple, but common, arguments that capital punishment is not murder. Part II shows that despite moral theorists' best attempts to show otherwise, executions seem to instantiate all the morally relevant properties of murder. Part III notes a lacuna in the literature on capital punishment: (...)
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  4. Capital Punishment (or: Why Death is the 'Ultimate' Punishment).Michael Cholbi - forthcoming - In Jesper Ryberg (ed.), Oxford Handbook of Punishment Theory and Philosophy.
    Both proponents and opponents of capital punishment largely agree that death is the most severe punishment that societies should consider imposing on offenders. This chapter considers how (if at all) this ‘Ultimate Thesis’ can be vindicated. Appeals to the irrevocability of death, the badness of being executed, the badness of death, or the harsh condemnation societies express by sentencing offenders to death do not succeed in vindicating this Thesis, and in particular, fail to show that capital (...)
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  5. Race, Capital Punishment, and the Cost of Murder.M. Cholbi - 2006 - Philosophical Studies 127 (2):255-282.
    Numerous studies indicate that racial minorities are both more likely to be executed for murder and that those who murder them are less likely to be executed than if they murder whites. Death penalty opponents have long attempted to use these studies to argue for a moratorium on capital punishment. Whatever the merits of such arguments, they overlook the fact that such discrimination alters the costs of murder; racial discrimination imposes higher costs on minorities for murdering through tougher (...)
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  6. 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 (...)
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  7. Judicial Incoherence, Capital Punishment, and the Legalization of Torture.Guus Duindam - 2019 - Georgetown Law Journal Online 108 (74).
    This brief essay responds to the Supreme Court’s recent decision in Bucklew v. Precythe. It contends that the argument relied upon by the Court in that decision, as well as in Glossip v. Gross, is either trivial or demonstrably invalid. Hence, this essay provides a nonmoral reason to oppose the Court’s recent capital punishment decisions. The Court’s position that petitioners seeking to challenge a method of execution must identify a readily available and feasible alternative execution protocol is untenable, (...)
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  8. Capital Punishment.Mark Tunick - 2006 - In James Ciment (ed.), Social Issues in America: An Encyclopedia. Sharpe Reference. pp. 270-86.
    Reviews the history of the death penalty, traditional arguments for and against it, the contemporary debate including debates over whether it effectively deters, its constitutionality, and international trends in its use.
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  9. The Irrevocability of Capital Punishment.Benjamin S. Yost - 2011 - Journal of Social Philosophy 42 (3):321-340.
    One of the many arguments against capital punishment is that execution is irrevocable. At its most simple, the argument has three premises. First, legal institutions should abolish penalties that do not admit correction of error, unless there are no alternative penalties. Second, irrevocable penalties are those that do not admit of correction. Third, execution is irrevocable. It follows that capital punishment should be abolished. This paper argues for the third premise. One might think that the truth (...)
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  10. Belief and Death: Capital Punishment and the Competence-for-Execution Requirement.David M. Adams - 2016 - Criminal Law and Philosophy 10 (1):17-30.
    A curious and comparatively neglected element of death penalty jurisprudence in America is my target in this paper. That element concerns the circumstances under which severely mentally disabled persons, incarcerated on death row, may have their sentences carried out. Those circumstances are expressed in a part of the law which turns out to be indefensible. This legal doctrine—competence-for-execution —holds that a condemned, death-row inmate may not be killed if, at the time of his scheduled execution, he lacks an awareness of (...)
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  11. 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. (...)
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  12. (1 other version)African Values and Capital Punishment.Thaddeus Metz - 2011 - In Gerard Walmsley (ed.), African Philosophy and the Future of Africa. Council for Research in Values and Philosophy. pp. 83-90.
    What is the strongest argument grounded in African values, i.e., those salient among indigenous peoples below the Sahara desert, for abolishing capital punishment? I defend a particular answer to this question, one that invokes an under-theorized conception of human dignity. Roughly, I maintain that the death penalty is nearly always morally unjustified, and should therefore be abolished, because it degrades people’s special capacity for communal relationships. To defend this claim, I proceed by clarifying what I aim to achieve (...)
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  13. Human Dignity, Capital Punishment, and an African Moral Theory: Toward a New Philosophy of Human Rights.Thaddeus Metz - 2010 - Journal of Human Rights 9 (1):81-99.
    In this article I spell out a conception of dignity grounded in African moral thinking that provides a plausible philosophical foundation for human rights, focusing on the particular human right not to be executed by the state. I first demonstrate that the South African Constitutional Court’s sub-Saharan explanations of why the death penalty is degrading all counterintuitively entail that using deadly force against aggressors is degrading as well. Then, I draw on one major strand of Afro-communitarian thought to develop a (...)
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  14. Responsibility and revision: a Levinasian argument for the abolition of capital punishment.Benjamin S. Yost - 2011 - Continental Philosophy Review 44 (1):41-64.
    Most readers believe that it is difficult, verging on the impossible, to extract concrete prescriptions from the ethics of Emmanuel Levinas. Although this view is largely correct, Levinas’ philosophy can, with some assistance, generate specific duties on the part of legal actors. In this paper, I argue that the fundamental premises of Levinas’ theory of justice can be used to construct a prohibition against capital punishment. After analyzing Levinas’ concepts of justice, responsibility, and interruption, I turn toward his (...)
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  15. “Such is Life”: Euthanasia and Capital Punishment in Australia: Consistency or Contradiction?Quinlan Michael - 2016 - Solidarity: The Journal of Catholic Social Thought and Secular Ethics 6 (1):Article 6.
    Lawful euthanasia involves State endorsed termination of human life. Apart from a period of less than 9 months, in the Northern Territory, euthanasia has been illegal in Australia. Many of Australia’s parliaments have regularly considered introducing the practice and they continue to do so. In this context, this paper considers another type of State endorsed termination of human life: capital punishment. These took place in Australia from 1788 to 1967. The practice was abolished nationwide by 1985 and the (...)
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  16. Kramer’s Purgative Rationale for Capital Punishment: A Critique.John Danaher - 2015 - 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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  17. BOOK REVIEW: Technologies of Life and Death: From Cloning to Capital Punishment by Kelly Oliver. [REVIEW]Alison Reiheld - 2014 - Environmental Values 23 (2):236-238.
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  18. The Rights of the Guilty: Punishment and Political Legitimacy.Corey Brettschneider - 2007 - Political Theory 35 (2):175-199.
    In this essay I develop and defend a theory of state punishment within a wider conception of political legitimacy. While many moral theories of punishment focus on what is deserved by criminals, I theorize punishment within the specific context of the state's relationship to its citizens. Central to my account is Rawls's “liberal principle of legitimacy,” which requires that all state coercion be justifiable to all citizens. I extend this idea to the justification of political coercion to (...)
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  19. Crime & Punishment: A Rethink.Ognjen Arandjelović - 2023 - Philosophies 8 (3):47.
    Incarceration remains the foremost form of sentence for serious crimes in Western democracies. At the same time, the management of prisons and of the prison population has become a major real-world challenge, with growing concerns about overcrowding, the offenders’ well-being, and the failure of achieving the distal desideratum of reduced criminality, all of which have a moral dimension. In no small part motivated by these practical problems, the focus of the present article is on the ethical framework that we use (...)
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  20. Introduction to Philosophy of Punishment.Natalie Beaverson Natalie Beaverson - manuscript
    This paper is composed of two main sections: the first establishes the principles of punishment; the second presents an argument within one of the fundamental theories. The first involves an objective viewpoint of the four main theories in the philosophy of punishment. The second half consists of an argument against the practice and theory of capital punishment from a retributivist viewpoint. Within this viewpoint, it is argued that proportionality does not require a retributivist to adopt (...) punishment as an appropriate type of punishment. (shrink)
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  21. Medical Ethics in Qiṣāṣ (Eye-for-an-Eye) Punishment: An Islamic View; an Examination of Acid Throwing.Hossein Dabbagh, Amir Alishahi Tabriz & Harold G. Koenig - 2016 - Journal of Religion and Health 55 (4):1426–1432.
    Physicians in Islamic countries might be requested to participate in the Islamic legal code of qiṣāṣ, in which the victim or family has the right to an eye-for-an-eye retaliation. Qiṣāṣ is only used as a punishment in the case of murder or intentional physical injury. In situations such as throwing acid, the national legal system of some Islamic countries asks for assistance from physicians, because the punishment should be identical to the crime. The perpetrator could not be punished (...)
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  22. The Impermissibility of Execution.Benjamin S. Yost - 2022 - In Matthew C. Altman (ed.), The Palgrave Handbook on the Philosophy of Punishment. Palgrave-Macmillan. pp. 747-769.
    This chapter offers a proceduralist argument against capital punishment. More specifically, it contends that the possibility of irrevocable mistakes precludes the just administration of the death penalty. At stake is a principle of political morality: legal institutions must strive to remedy their mistakes and to compensate those who suffer from wrongful sanctions. The incompatibility of remedy and execution is the crux of the irrevocability argument: because the wrongly executed cannot enjoy the morally required compensation, execution is impermissible. Along (...)
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  23. Consequentialism and the Death Penalty.Dominic J. Wilkinson & Thomas Douglas - 2008 - American Journal of Bioethics 8 (10):56-58.
    Comment on "The ethical 'elephant' in the death penalty 'room'". Arguments in defense of the death penalty typically fall into one of two groups. Consequentialist arguments point out beneficial aspects of capital punishment, normally focusing on deterrence, while non-consequentialist arguments seek to justify execution independently of its effects, for example, by appealing to the concept of retribution. Michael Keane's target article "The ethical 'elephant' in the death penalty 'room'" should, we believe, be read as an interesting new consequentialist (...)
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  24. The Structure of Death Penalty Arguments.Matt Stichter - 2014 - Res Publica 20 (2):129-143.
    In death penalty debates, advocates on both sides have advanced a staggering number of arguments to defend their positions. Many of those arguments fail to support retaining or abolishing the death penalty, and often this is due to advocates pursuing a line of reasoning where the conclusion, even if correctly established, will not ultimately prove decisive. Many of these issues are also interconnected and shouldn’t be treated separately. The goal of this paper is to provide some clarity about which specific (...)
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  25. Kant's Justification of the Death Penalty Reconsidered.Benjamin S. Yost - 2010 - Kantian Review 15 (2):1-27.
    This paper argues that Immanuel Kant’s practical philosophy contains a coherent, albeit implicit, defense of the legitimacy of capital punishment, one that refutes the most important objections leveled against it. I first show that Kant is consistent in his application of the ius talionis. I then explain how Kant can respond to the claim that death penalty violates the inviolable right to life. To address the most significant objection – the claim that execution violates human dignity – I (...)
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  26. Regulating Police Use of Deadly Force.Roger Wertheimer - 1982 - In N. Bowie & F. Elliston (eds.), Ethics, Public Policy and Criminal Justice. Oelgeschalger, Gunn & Hain. pp. 93--109.
    What should be a police department's policies and regulations on the use of deadly force? What is the relevance for this of the state law on capital punishment?
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  27. Kant's Position on the Wide Right to Abortion.Samuel Kahn - 2024 - Kant Studien 115 (2):203-227.
    In this article, I explicate Kant’s position on the wide right to abortion. That is, I explore the extent to which, according to Kant’s practical philosophy, abortion is punishable, even if it involves an unjust infringement of the right to life. By focusing on the state’s right to punish, rather than the right to life or the onset of personhood, I use Kant to expose a novel range of issues and questions about the legal status of abortion (and criminal (...) more generally). The article is divided into four sections. In the first, I lay the groundwork for Kant’s theory of rights and briefly canvass some of the literature on Kantian approaches to abortion. In the second, I look at Kant’s discussion of equivocal rights. In the third, I turn to Kant’s discussions of capital punishment and suicide. In the fourth, I examine Kant on honor killings, and I use his position on infanticide in order to extrapolate and explain his ideas about the right to punish in the context of abortion. (shrink)
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  28. Reconceptualizing American Democracy: The First Principles.Angelina Inesia-Forde - 2023 - Asian Journal of Basic Science and Research 5 (4):01-47.
    An outstanding group of leaders left evidence that a richer and more sustainable democracy could be achieved with American independence and democratic principles integrated into a new republican form of government. They were moved by principles that are the very spirit of democracy. These principles are needed to enhance democracy and improve well-being. Using the constructivist tradition of grounded theory and Aristotle’s conception of abstraction, the article proposes a theory of the first principles of democracy based on substantive data: the (...)
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  29. Gender Discrimination in the U.S. Death Penalty System.Phillip Barron - 2000 - Radical Philosophy Review 3 (1):89-96.
    Although the demographics on male versus female death-row prisoners suggest that males are the criminal justice system’s primary targets, the author argues that the system still discriminates against women. Utilizing postmodern scholarship, he argues that female prisoners are punished primarily for violating dominant norms of gender correctness.
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  30. Death Penalty Abolition, the Right to Life, and Necessity.Ben Jones - 2023 - Human Rights Review 24 (1):77-95.
    One prominent argument in international law and religious thought for abolishing capital punishment is that it violates individuals’ right to life. Notably, this _right-to-life argument_ emerged from normative and legal frameworks that recognize deadly force against aggressors as justified when necessary to stop their unjust threat of grave harm. Can capital punishment be necessary in this sense—and thus justified defensive killing? If so, the right-to-life argument would have to admit certain exceptions where executions are justified. Drawing (...)
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  31. (1 other version)Criminal Proof: Fixed or Flexible?Lewis Ross - 2023 - Philosophical Quarterly (4):1-23.
    Should we use the same standard of proof to adjudicate guilt for murder and petty theft? Why not tailor the standard of proof to the crime? These relatively neglected questions cut to the heart of central issues in the philosophy of law. This paper scrutinises whether we ought to use the same standard for all criminal cases, in contrast with a flexible approach that uses different standards for different crimes. I reject consequentialist arguments for a radically flexible standard of proof, (...)
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  32. Cruelty, competency, and contemporary abolitionism.Michael Cholbi - 2004 - In Austin Sarat (ed.), Studies in Law, Politics, and Society. Emerald Publishing. 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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  33. Black Lives Matter and the Call for Death Penalty Abolition.Michael Cholbi & Alex Madva - 2018 - Ethics 128 (3):517-544.
    The Black Lives Matter movement has called for the abolition of capital punishment in response to what it calls “the war against Black people” and “Black communities.” This article defends the two central contentions in the movement’s abolitionist stance: first, that US capital punishment practices represent a wrong to black communities rather than simply a wrong to particular black capital defendants or particular black victims of murder, and second, that the most defensible remedy for this (...)
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  34. Rule of Law Abolitionism.Benjamin S. Yost - 2008 - Studies in Law, Politics, and Society.
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  35. Introduction to Ethics: An Open Educational Resource, collected and edited by Noah Levin.Noah Levin, Nathan Nobis, David Svolba, Brandon Wooldridge, Kristina Grob, Eduardo Salazar, Benjamin Davies, Jonathan Spelman, Elizabeth Cady Stanton, Kristin Seemuth Whaley, Jan F. Jacko & Prabhpal Singh (eds.) - 2019 - Huntington Beach, California: N.G.E Far Press.
    Collected and edited by Noah Levin -/- Table of Contents: -/- UNIT ONE: INTRODUCTION TO CONTEMPORARY ETHICS: TECHNOLOGY, AFFIRMATIVE ACTION, AND IMMIGRATION 1 The “Trolley Problem” and Self-Driving Cars: Your Car’s Moral Settings (Noah Levin) 2 What is Ethics and What Makes Something a Problem for Morality? (David Svolba) 3 Letter from the Birmingham City Jail (Martin Luther King, Jr) 4 A Defense of Affirmative Action (Noah Levin) 5 The Moral Issues of Immigration (B.M. Wooldridge) 6 The Ethics of our (...)
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  36. THE DEVELOPMENT OF MORALITY IN HUMAN LIFE: AN OVERVIEW.Desh Raj Sirswal - 2014 - Milestone Education Review 5 (01):25-35.
    Presently philosophers, social theorists, educationists and legal scholars are busy with issues of contemporary importance such as affirmative actions, animal’s rights, capital punishment, cloning, euthanasia, immigration, pornography, privacy in civil society, values in nature, human rights, cultural values and world hunger etc. Since ancient time ethics is one of the most important part of philosophical speculations and human development. The development of morality comes under three stages viz. intrinsic morality, customary morality and reflective morality. Intrinsic morality has traditionally (...)
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  37. The Italian Enlightenment and the Rehabilitation of Moral and Political Philosophy.Sergio Cremaschi - 2020 - The European Legacy 25 (7-8):743-759.
    By reconstructing the eighteenth-century movement of the Italian Enlightenment, I show that Italy’s political fragmentation notwithstanding, there was a constant circulation of ideas, whether on philosophical, ethical, political, religious, social, economic or scientific questions—among different groups in various states. This exchange was made possible by the shared language of its leading illuministi— Cesare Beccaria, Ludovico Antonio Muratori, Francesco Maria Zanotti, Antonio Genovesi, Mario Pagano, Pietro Verri, Marco Antonio Vogli, and Giammaria Ortes—and resulted in four common traits. First, the absence of (...)
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  38. John Stuart Mill et la question de la cruauté de la peine de mort.Benoît Basse - 2013 - Revue d'Études Benthamiennes.
    It is clear enough that utilitarianism contributed to the softening of many penal systems in the world by arguing that very cruel punishments should be excluded every time a less cruel one would be just as effective. But does utilitarianism as such oppose the death penalty ? It is well known that Beccaria and Bentham criticized capital punishment on utilitarian grounds. But the fact that John Stuart Mill held a speech in favour of the death penalty at the (...)
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  39. When win-argument pedagogy is a loss for the composition classroom.Grosskopf Wendy Lee - 2015 - Argument: Biannual Philosophical Journal 5 (1):243-266.
    Despite the effort educators put into developing in students the critical writing and thinking skills needed to compose effective arguments, undergraduate college students are often accused of churning out essays lacking in creative and critical thought, arguments too obviously formulated and with sides too sharply drawn. Theories abound as to why these deficiencies are rampant. Some blame students’ immature cognitive and emotional development for these lacks. Others put the blame of lackadaisical output on the assigning of shopworn writing subjects, assigned (...)
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  40. Child rape, moral outrage, and the death penalty.Susan A. Bandes - 2008 - Northwestern University Law Review Colloquy 103.
    In *Engaging Capital Emotions,* Douglas Berman and Stephanos Bibas argue that emotion is central to understanding and evaluating the death penalty, and that the emotional case for the death penalty for child rape may be even stronger than for adult murder. Both the Berman and Bibas article and the subsequent Supreme Court decision in Kennedy v. Louisiana (striking down the death penalty for child rape) raise difficult questions about how to measure the heinousness of crimes other than murder, and (...)
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  41. Two Victim Paradigms and the Problem of ‘Impure’ Victims.Diana Tietjens Meyers - 2011 - Humanity 2 (2):255-275.
    Philosophers have had surprisingly little to say about the concept of a victim although it is presupposed by the extensive philosophical literature on rights. Proceeding in four stages, I seek to remedy this deficiency and to offer an alternative to the two current paradigms that eliminates the Othering of victims. First, I analyze two victim paradigms that emerged in the late 20th century along with the initial iteration of the international human rights regime – the pathetic victim paradigm and the (...)
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  42. Crime as social excess.Sergio Tonkonoff - 2014 - History of the Human Sciences 27 (2):60-74.
    Gabriel Tarde, along with Durkheim and others, set the foundations for what is today a common-sense statement in social science: crime is a social phenomenon. However, the questions about what social is and what kind of social phenomenon crime is remain alive. Tarde’s writings have answers for both of these capital and interdependent problems and serve to renew our view of them. The aim of this article is to reconstruct Tarde’s definition of crime in terms of genus and specific (...)
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  43. Pinkerton Short-Circuits the Model Penal Code.Andrew Ingram - 2019 - Villanova Law Review 64 (1):71-99.
    I show that the Pinkerton rule in conspiracy law is doctrinally and morally flawed. Unlike past critics of the rule, I propose a statutory fix that preserves and reforms it rather than abolishing it entirely. As I will show, this accommodates authors like Neil Katyal who have defended the rule as an important crime fighting tool while also fixing most of the traditional problems with it identified by critics like Wayne LaFave. Pinkerton is a vicarious liability rule that makes conspirators (...)
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  44. Contractualism and the Death Penalty.Li Hon Lam - 2017 - Criminal Justice Ethics 36 (2):152-182.
    It is a truism that there are erroneous convictions in criminal trials. Recent legal findings show that 3.3% to 5%of all convictions in capital rape-murder cases in the U.S. in the 1980s were erroneous convictions. Given this fact, what normative conclusions can be drawn? First, the article argues that a moderately revised version of Scanlon’ s contractualism offers an attractive moral vision that is different from utilitarianism or other consequentialist theories, or from purely deontological theories. It then brings this (...)
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  45. Punishing Intentions and Neurointerventions.David Birks & Alena Buyx - 2018 - American Journal of Bioethics Neuroscience 9 (3):133-143.
    How should we punish criminal offenders? One prima facie attractive punishment is administering a mandatory neurointervention—interventions that exert a physical, chemical or biological effect on the brain in order to diminish the likelihood of some forms of criminal offending. While testosterone-lowering drugs have long been used in European and US jurisdictions on sex offenders, it has been suggested that advances in neuroscience raise the possibility of treating a broader range of offenders in the future. Neurointerventions could be a cheaper, (...)
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  46. From punishment to universalism.David Rose & Shaun Nichols - 2018 - Mind and Language 34 (1):59-72.
    Many philosophers have claimed that the folk endorse moral universalism. Some have taken the folk view to support moral universalism; others have taken the folk view to reflect a deep confusion. And while some empirical evidence supports the claim that the folk endorse moral universalism, this work has uncovered intra-domain differences in folk judgments of moral universalism. In light of all this, our question is: why do the folk endorse moral universalism? Our hypothesis is that folk judgments of moral universalism (...)
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  47. Punishing Noncitizens.Bill Wringe - 2020 - Journal of Applied Philosophy 38 (3):384-400.
    In this paper, I discuss a distinctively non-paradigmatic instance of punishment: the punishment of non-citizens. I shall argue that the punishment of non-citizens presents considerable difficulties for one currently popular account of criminal punishment: Antony Duff’s communicative expressive theory of punishment. Duff presents his theory explicitly as an account of the punishment of citizens - and as I shall argue, this is not merely an incidental feature of his account. However, it is plausible that (...)
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  48.  81
    Capital Flight and Domination by Diffuse Collectives.Miikka Jaarte - forthcoming - Politics, Philosophy and Economics.
    When progressive governments attempt to redistribute wealth, nationalize major industries, or empower unions, they are often faced with the threat of capital flight. Some republican theorists have suggested that this phenomenon might be a source of domination. However, the prominent neo-republican account of domination presented by Philip Pettit cannot justify this claim, since the class of investors is not usually an agent. In this article, I present a novel theory of domination by diffuse collectives that can justify the intuition (...)
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  49. Punishment, Forgiveness and Reconciliation.Bill Wringe - 2016 - Philosophia 44 (4):1099-1124.
    It is sometimes thought that the normative justification for responding to large-scale violations of human rights via the judicial appararatus of trial and punishment is undermined by the desirability of reconciliation between conflicting parties as part of the process of conflict resolution. I take there to be philosophical, as well as practical and psychological issues involved here: on some conceptions of punishment and reconciliation, the attitudes that they involve conflict with one another on rational grounds. But I shall (...)
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  50. Semantic capital: its nature, value, and curation.Luciano Floridi - 2018 - Philosophy and Technology 31 (4):481-497.
    There is a wealth of resources— ideas, insights, discoveries, inventions, traditions, cultures, languages, arts, religions, sciences, narratives, stories, poems, customs and norms, music and songs, games and personal experiences, and advertisements—that we produce, curate, consume, transmit, and inherit as humans. This wealth, which I define as semantic capital, gives meaning to, and makes sense of, our own existence and the world surrounding us. It defines who we are and enables humans to develop an individual and social life. This paper (...)
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