Results for 'Forfeiture'

18 found
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  1. The Forfeiture Theory of Punishment: Surviving Boonin’s Objections.Stephen Kershnar - 2010 - Public Affairs Quarterly 24 (4):319-334.
    In this paper, I set out a version of the Forfeiture Theory of Punishment. Forfeiture Theory: Legal punishment is just or permissible because offenders forfeit their rights.On this account, offenders forfeit their rights because they infringed on someone’s rights. My strategy is to provide a version of the Forfeiture Theory and then to argue that it survives a number of initially intuitive seeming objections, most having their origins in the recent work of David Boonin.
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  2. Rights Forfeiture and Liability to Harm.Massimo Renzo - 2017 - Journal of Political Philosophy 25 (3):324-342.
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  3. Shortcomings of and Alternatives to the Rights-Forfeiture Theory of Justified Self-Defense and Punishment.Uwe Steinhoff - manuscript
    I argue that rights-forfeiture by itself is no path to permissibility at all (even barring special circumstances), neither in the case of self-defense nor in the case of punishment. The limiting conditions of self-defense, for instance – necessity, proportionality (or no gross disproportionality), and the subjective element – are different in the context of forfeiture than in the context of justification (and might even be absent in the former context). In particular, I argue that a culpable aggressor, unlike (...)
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  4. Making Punishment Safe: Adding an Anti-Luck Condition to Retributivism and Rights Forfeiture.J. Spencer Atkins - 2024 - Law, Ethics and Philosophy:1-18.
    Retributive theories of punishment argue that punishing a criminal for a crime she committed is sufficient reason for a justified and morally permissible punishment. But what about when the state gets lucky in its decision to punish? I argue that retributive theories of punishment are subject to “Gettier” style cases from epistemology. Such cases demonstrate that the state needs more than to just get lucky, and as these retributive theories of punishment stand, there is no anti-luck condition. I’ll argue that (...)
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  5. Self-Defense and the Necessity Condition.Uwe Steinhoff - manuscript
    Rights forfeiture or liability are not a path to the permissibility of self-defense (not even barring extraordinary circumstances), and the necessity condition is not intrinsic to justified self-defense. Rather, necessity in the context of justification must be distinguished from necessity in the context of rights forfeiture. While innocent aggressors only forfeit their right against necessary self-defense, culpable aggressors also forfeit, on grounds of a principle of reciprocity, certain rights against unnecessary self-defense. Yet, while culpable aggressors would therefore not (...)
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  6. Responsibility Skeptics Should Be More Skeptical.Aarthy Vaidyanathan - 2023 - Canadian Journal of Philosophy 53 (1):95-100.
    Menges (2022) seeks to identify the kind of blame that should be at issue in debates between skeptics and anti-skeptics about responsibility. Menges argues that such blame is constituted by responses that the target has a claim against, and by the blamer’s thought that they have forfeited this claim due to their bad action and state while engaged in that action. I identify a class of blame responses that Menges mistakenly excludes and offer an alternative, more general, account in which (...)
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  7. Self-Defense as Claim Right, Liberty, and Act-Specific Agent-Relative Prerogative.Uwe Steinhoff - 2016 - Law and Philosophy 35 (2):193-209.
    This paper is not so much concerned with the question under which circumstances self-defense is justified, but rather with other normative features of self-defense as well as with the source of the self-defense justification. I will argue that the aggressor’s rights-forfeiture alone – and hence the liberty-right of the defender to defend himself – cannot explain the intuitively obvious fact that a prohibition on self-defense would wrong victims of attack. This can only be explained by conceiving of self-defense also (...)
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  8. Innocent Owners and Guilty Property.Michael Baur - 1996 - Harvard Journal of Law and Public Policy 20:279-292.
    American in rem, or civil, forfeiture laws seem to implicate constitutional concerns insofar as such laws may authorize the government to confiscate privately owned property, regardless of the guilt or innocence of the owner. Historically, the justification of in rem forfeiture law has rested on the legal fiction that “[t]he thing is . . . primarily considered as the offender, or rather the offense is attached primarily to the thing.” Last Term, in Bennis v. Michigan, the Supreme Court (...)
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  9. Rights reclamation.William L. Bell - 2024 - Philosophical Studies 181 (4):835-858.
    According to a rights forfeiture theory of punishment, liability to punishment hinges upon the notion that criminals forfeit their rights against hard treatment. In this paper, I assume the success of rights forfeiture theory in establishing the permissibility of punishment but aim to develop the view by considering how forfeited rights might be reclaimed. Built into the very notion of proportionate punishment is the idea that forfeited rights can be recovered. The interesting question is whether punishment is the (...)
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  10. The Rights of Foreign Intelligence Targets.Michael Skerker - 2021 - In Seumas Miller, Mitt Regan & Patrick Walsh (eds.), National Security Intelligence and Ethics. Routledge. pp. 89-106.
    I develop a contractualist theory of just intelligence collection based on the collective moral responsibility to deliver security to a community and use the theory to justify certain kinds of signals interception. I also consider the rights of various intelligence targets like intelligence officers, service personnel, government employees, militants, and family members of all of these groups in order to consider how targets' waivers or forfeitures might create the moral space for just surveillance. Even people who are not doing anything (...)
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  11. Suspension of a Conflict in a Darkened Son.Chandler Rogers - 2020 - Diakrisis Yearbook of Theology and Philosophy 3: 19-37.
    Antithetical desires displayed throughout Kierkegaard’s authorship indicate the disjunctive assumption that the individual exists either in a state of increasing autonomy, expressed negatively as striving for freedom from divine constraint, or in a state of self-annihilating submission, expressed positively in terms of kenotic unification. Proximity to the divine thereby entails forfeiture of individuality, contrary to the explicit aim of Kierkegaard’s authorial project, and aversion to materiality. This essay enunciates the conflict (I), traces the crescendo of loss that births the (...)
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  12. The Liability of Justified Attackers.Uwe Steinhoff - 2016 - Ethical Theory and Moral Practice 19 (4):1016-1030.
    McMahan argues that justification defeats liability to defensive attack (which would undermine the thesis of the "moral equality of combatants"). In response, I argue, first, that McMahan’s attempt to burden the contrary claim with counter-intuitive implications fails; second, that McMahan’s own position implies that the innocent civilians do not have a right of self-defense against justified attackers, which neither coheres with his description of the case (the justified bombers infringe the rights of the civilians) nor with his views about rights (...)
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  13. Naturalised Modal Epistemology and Quasi-Realism.Michael Omoge - 2021 - South African Journal of Philosophy 40 (3):229-241.
    Given quasi-realism, the claim is that any attempt to naturalise modal epistemology would leave out absolute necessity. The reason, according to Simon Blackburn, is that we cannot offer an empirical psychological explanation for why we take any truth to be absolutely necessary, lest we lose any right to regard it as absolutely necessary. In this paper, I argue that not only can we offer such an explanation, but also that the explanation won’t come with a forfeiture of the involved (...)
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  14. Belief as the driver to experience and imagine the cosmic energy but with limitations.Contzen Pereira - 2016 - Journal ofMetaphysics and Connected Consciousness 2.
    Believing is what makes the believer believe what the believer wants to believe and this belief lures the energy to flow from the external to the internal; from the invisible to the visible; what we consider as a phenomenon or fulfilment of dreams in our lifetime. Cosmic energy naively progresses to create and recreate; to form and reform; to rise and give rise to and to fill and fulfil the desires of a being. Belief drives the experience of the experiencer; (...)
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  15. The Kind of Blame Skeptics Should Be Skeptical About.Leonhard Menges - 2021 - Canadian Journal of Philosophy 51 (6):401-415.
    Skepticism about blameworthiness says that there is good reason to doubt that, in our world, humans are ever blameworthy for their deeds. A significant problem for the discussion of this view is that it is unclear how to understand the kind of blame that should be at issue. This paper makes a new proposal. The basic idea is that the kind of blame skeptics should be skeptical about is constituted by responses that can violate the targets’ claims and by the (...)
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  16. Proportionality in Self-Defense.Uwe Steinhoff - 2017 - The Journal of Ethics 21 (3):263-289.
    This article considers the proportionality requirement of the self-defense justification. It first lays bare the assumptions and the logic—and often illogic—underlying very strict accounts of the proportionality requirement. It argues that accounts that try to rule out lethal self-defense against threats to property or against threats of minor assault by an appeal to the supreme value of life have counter-intuitive implications and are untenable. Furthermore, it provides arguments demonstrating that there is not necessarily a right not to be killed in (...)
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  17. For Torture: A Rights-Based Defense.Stephen Kershnar - 2011 - Lexington Books.
    This book is an analysis and evaluation of torture. My take on torture is unique for four reasons. First, it provides a distinct analysis of what torture is. Second, it argues that on non-consequentialist grounds, specifically rights-based ones, torture is sometimes permissible. Third, it argues that torturers are not always vicious. Fourth, it argues that it is plausible that these conclusions apply to some real world cases. In short, it fills the following gap: it evaluates torture from a rights-based perspective (...)
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  18. U.S.Justice Department Announces Global Resolution of Criminal and Civil Investigations with Opioid Manufacturer Purdue Pharma and Civil Settlement with Members of the Sackler Family.Ramage Sally - forthcoming - Criminal Law News:17-24.
    Purdue Pharma was being investigated by United States Civil and Criminal compliance agencies for many years and a conclusion has now been reached. Although successful , this author feels that such extremely serious corporate frauds must also punish senior individual executives with long jail sentences -in this case-corporate manslaughter.
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