What does it mean to study places in ‘crisis’ and how does that affect the research done on the ‘rural’? To be considered to be in crisis is not really new as any literature review of rural studies indicates. And yet, we live now in a new context, with new challenges for ‘rural’ research, in particular that of sustainability. Sustainability is the new policy focus and is increasingly reflected in research on rural Europe. Although scholars are beginning to theorize on (...) what is sustainable in and for rural areas, our intention is to take this further. We theorize on what the focus on crisis and, increasingly on sustainability, means for the research we do and the knowledge we produce on rural Europe. Our aim is to bring attention to the politics of past and present knowledge production on the rural to be able to imagine just and sustainable futures. In an analysis of literature primarily from Sweden and the UK, we argue that two construals, that of a rural crisis and that of rural–urban polarization, have set the tone for rural studies and may have overshadowed a more plural approach. We outline what might be needed from rural research to meet future challenges and what the notion of sustainability, with its emphasis on the entanglements of the social, economic and environmental, might mean for the future of rural research. (shrink)

Feminist decolonial scholars have called for disengaging from the current system built on a hierarchical logic of race and gender central to modern, colonial thinking. They have looked to worlds outside the modern system to lead us out of current unjust practices harming both humans and the environment. Although policymaking may be seen as the stronghold of the current political agenda and of the structures that have led to the climate crisis, we argue that climate policies too, are also crucial (...) for rethinking and transforming societies. Our examination of climate adaptation policies in Sweden and the literature from Europe shows how policy documents ignore and unknow the oppressive intersections of gender and power despite the knowledge that exists on these issues in the public domain. Drawing on the tools of agnotology, we examine how this is achieved by strategies of ‘denial, dismissal, diversion and displacement.’ Building on feminist post and decolonial scholarship, we make explicit the gendered and racial hierarchies and dichotomies underpinning these policy documents. At the same time, we bring attention to the nuances in the policy documents we study and look for the openings that might be used to bring about transformation by making these hierarchies explicit and calling them into question. We argue that a transformation is possible through a feminist post and decolonial intervention, even in policymaking otherwise ignorant of culture, values and the colonial histories that have produced contemporary society. (shrink)

This special issue contributes to a grounded understanding about 'sustainability' in a range of rural contexts and in so doing sheds light on accompanying tensions and implications for the future of rural areas in Europe. It also brings attention to how the rural might be changing as a result of this new focus on sustainability. The 17 contributions bring to light crucial dimensions of sustainability: (1) the imperative of wellbeing, belonging and care; (2) dimensions of power and identity; (3) the (...) apprehension of time and space - in other words, sustainability as a process and always in transition; (4) social and spatial justice; and (5) the question of knowledge production on the rural and on sustainability. (shrink)

he importance of gender equality and of women’s work in relation to the environment is regarded as a crucial question for development in “third‐world” rural societies. “Development” and a certain standard of welfare make these issues appear to be less urgent in a wealthier country such as Sweden. In this article, I trace some of the contradictions and connections in the ways in which gender equality is conceptualized in women’s struggles vis‐à‐vis environmental issues in rural areas in Sweden and India. (...) The article throws light on two important insights: First, in Sweden, where gender equality has been actively pursued as the bedrock of modern societal organizing, the space to organize as women in relation to environmental issues was fraught with ambiguity. Second, development discourses about equality and empowerment of oppressed third‐world women not only bear on how gender equality is conceptualized and practiced in the global South but also shape the space for gender equality in the North. Analyzing the two cases in relation to each other reveals the travel of ideas and conversations across distant geographical spaces. While ideas about the independent, empowered woman are used to deny agency to women’s collectives in India, gendered discrimination has taken different forms in Sweden, making it more difficult to contest. Understanding how this takes place opens an opportunity for interruption in an order and a space that appears to have become narrower under the umbrella of development, welfare, and growth. It brings into question the category of development in a southern but particularly so in a northern context, where the North, and especially Sweden, is taken as a referent for questions of development and gender equality. -/- . (shrink)

Great religions to pragmatic capacities sporadically abound in the stories of supernatural phenomena which subsumes telepathy, clairvoyance and precognition. However, unfortunately treated as the topics of spiritualism, witchcraft and edification, not the materials of Scientific Enquiry. Whatsoever, have been deciphered about these queer speculations, the most prevalent sole concept is : namely, that there can be senseexperiences from the realm which is not accessible to human brain and sense organs. Possessor of these senses which are not currently accessible to average (...) humans can be a omniscient being tapping to his full potential. Presently, we have no language or any communication system to describe them intelligibly. When inquiring about these affairs we cannot avoid absurdity as presently we lack any linguistic convention on it. Our linguistic convention is derived from the physical world in which the supernatural is not considered as "Normal". It is considerably strained with "Abnormality" in the first place. My aim in this paper is to reconcile this Orthodox Psychology with Science and Philosophy which certainly appears conflicting. This inquiry leads me to enable the 10 percent brain myth. (shrink)

This article views gender dynamics and strategies for change in a small Swedish village from a systems perspective. In the context of the struggle for the communal management of forests, tensions arose in the relations among the people in the village who differed in their opinions as to how to approach village development. Some village women argued for the importance of issues other than only community forestry in the development of the community's future livelihoods and well-being. They also believed that (...) linking these activities with each other are vital for the community. Co-operative inquiry with women in the village reveals that, in their view, the community's overall needs are the most meaningful point of departure and not just individual resource management initiatives. They believed that it was vital to link resource management with other developmental activities in the village. The inquiry process also shows how the differences that may arise between men and women are dependent on the context, their relationships, and the networks they activate rather than the differences emerging solely from gender roles or the structure. Attention to how women and men “draw boundaries” around their activities and relationships expands our understanding of the diverse means they use for reaching their objectives. It also highlights the role of innovators who cross these boundaries and work toward change. (shrink)

Many philosophers think that punishment is intentionally harmful and that this makes it especially hard to morally justify. Explanations for the latter intuition often say questionable things about the moral significance of the intent to harm. I argue that there’s a better way to explain this intuition.

The article discusses retributive justice and punitive restraint in response to the worst types of crime. I take the Breivik Case as a starting point. Anders Behring Breivik was sentenced to 21 years of preventive detention for killing 69 people, mainly youths, at Utøya and 8 people in Oslo on July 22nd, 2011. Retributivist theories as well as commonly held retributive intuitions suggest that much harsher punishment is required for such crimes. According to some retributivist theories, most notably on the (...) influential theories of Kant and Hegel, the death penalty is warranted for murderers like Breivik. This suggests that the rationale for punitive restraint in a case like the Breivik Case can only be found in forward- looking, consequentialist theories of punishment, or by adding to retributivist theories a side-constraint in the form of a principle of parsimony. However, I argue that if we look closer at the function of punishment in the retributivist theories of Kant and Hegel, they too imply a rationale for punitive restraint, even for such horrific crimes as here discussed. Against Kant and Hegel’s own views on the death penalty, I argue that their broader “freedom theories” of retributive justice do not imply the justice of the death penalty or life imprisonment. In the last part of the article, I explore differences in the concepts of freedom entailed by Kant and Hegel’s theories, and I relate these to some of the background factors relevant to the Breivik Case. (shrink)

Punishment involves the intentional infliction of harm and suffering. Both of the most prominent families of justifications of punishment – retributivism and consequentialism – face several moral concerns that are hard to overcome. Moreover, the effectiveness of current criminal punishment methods in ensuring society’s safety is seriously undermined by empirical research. Thus, it appears to be a moral imperative for a modern and humane society to seek alternative means of administering justice. The special issue of Diametros “The Abolition of Punishment: (...) Is a Non-Punitive Criminal Justice System Ethically Justified?” was brought into life precisely to give the authors a platform for such progressive inquiries. And it is now safe to say that this platform has been put to excellent use, since Valerij Zisman, Alexander Stachurski, Giorgia Brucato, Perica Jovchevski, Sofia M. I. Jeppsson, Stephen G. Morris, Benjamin Vilhauer, John Lemos, Saul Smilansky, Elizabeth Shaw, Mirko Farina, Andrea Lavazza and Sergei Levin have presented such thought-provoking texts that they are bound to set the stage for debate in the years to come. This article is an introduction to this special issue and to the authors’ papers. (shrink)

Research has probed the consequences of providing people with different types of information regarding why a person possesses a certain characteristic. However, this work has largely examined the consequences of different information subsets (e.g., information focusing on internal versus societal causes). Less work has compared several types of information within the same paradigm. Using the legal system as an example domain, we provided children (N=198 6- to 8-year-olds) with several types of information—including information highlighting internal moral character, internal biological factors, (...) behavioral factors, and societal factors—about why a specific outcome (incarceration) might occur. We examined how such language shaped children’s attitudes. In Study 1, children reported the most positivity toward people who were incarcerated for societal reasons and the least positivity toward people who were incarcerated for their internal moral character; attitudes linked with behavioral information fell between these extremes. Studies 2a-2b suggested that Study 1’s effects could not be fully explained by participants drawing different about individuals in Study 1. Study 3 replicated Study 1’s results and showed that information linking incarceration with internal biological factors led to more positivity than information linking incarceration with internal moral character. Finally, Study 4 suggested that the patterns found in Studies 1 and 3 generalize to non-punitive contexts. Moreover, Study 4 found that the effects in Studies 1 and 3 emerged regardless of whether information was communicated via explanations or descriptions. These results demonstrate that how we express our beliefs about social phenomena shape the realities in which others live. (shrink)

The case study presented by Winch and Sinnott (2011) shows not only how difficult it is for clinicians and researchers to identify conflicts of interest (COI), but also how damaging it can be when there are unin- formed and uncoordinated policy responses by senior administrators.

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 (...) of rules and behaviors that constitute the practice of legal punishment cannot persuasively be unified and coherent: legitimate features of the practice advance goals and promote values that in some cases conflict. (shrink)

Cet article relate l’évolution de la répression du crime du Japon médiéval à ses mutations durant l’époque Edo puis l’ère Meiji, afin de retracer le glissement socio-historique entre une mentalité du châtiment et une législation de la punition – aujourd’hui matérialisée par l’emprisonnement en établissement carcéral. Le développement historique des concepts fondamentaux à une société, telle la criminalité, forment ici une manière distincte d’appartenir au monde contemporain et influencent comportements et schèmes de pensée : la réalité historique est une réalité (...) sociale. (shrink)

What are the effects of circumcision on sexual function and experience? And what does sex—in the sense related to gender—have to do with the ethics of circumcision? Jacobs and Arora (2015) give short shrift to the first of these questions; and they do not seem to have considered the second. In this commentary, I explore the relationship between sex (in both senses) and infant male circumcision, and draw some conclusions about the ongoing debate regarding this controversial practice.

Adherents to reconciliation, restorative justice, and related approaches to dealing with social conflict are well known for seeking to minimize punishment, in favor of offenders hearing out victims, making an apology, and effecting compensation for wrongful harm as well as victims forgiving offenders and accepting their reintegration into society. In contrast, I maintain that social reconciliation and similar concepts in fact characteristically require punishment but do not require forgiveness. I argue that a reconciliatory response to crime that includes punitive disavowal (...) but not necessarily forgiveness is supported by an analogy with resolving two-person conflict and by relational facets of human dignity. I also specify a novel account of the type of penalty that is justified by reconciliation, namely, burdensome labor that is likely to foster moral reform on the part of wrongdoers and to compensate their victims, which would serve neither retributive nor deterrent functions. I illustrate this conception of punishment in contexts that include having cheated on an exam at a university, engaged in criminal behavior such as robbery, and committed atrocities during large-scale social conflict. (shrink)

Civil disobedience, despite its illegal nature, can sometimes be justified vis-à-vis the duty to obey the law, and, arguably, is thereby not liable to legal punishment. However, adhering to the demands of justice and refraining from punishing justified civil disobedience may lead to a highly problematic theoretical consequence: the debilitation of civil disobedience. This is because, according to the novel analysis I propose, civil disobedience primarily functions as a costly social signal. It is effective by being reliable, reliable by being (...) costly, and costly primarily by being punished. My analysis will highlight a distinctive feature of civil disobedience: civil disobedients leverage the punitive injustice they suffer to amplify their communicative force. This will lead to two paradoxical implications. First, the instability of the moral status of both civil disobedience and its punishment to the extent where the state may be left with no permissible course of action with regard to punishing civil disobedience. Second, by refraining from punishing justified civil disobedience, the state may render uncivil disobedience—illegal political activities that fall short of the standards of civil disobedience—potentially permissible. (shrink)

Does it seem that with each reported state cyberattack, there comes an announcement of discovery, an attribution to one of a handful of usual suspects, some threatening language suggesting imminent retribution, and then nothing more? Increased incidence of cyberattack makes its occurrence seem simultaneously rampant in terms of publicity and minimal in terms of threat of war. If rampant, how can repeated deployment by the same actors carry no punitive consequences? How is such audaciousness tolerated? For some, a cyberattack by (...) a state is an act of war. Its prevalence suggests there must be a void somewhere that facilitates its use without consequence. Others think state cyberattack is like other internet novelties: digital malfeasance, amounting to a nuisance that naturally follows from a digital‐based existence, particularly since non‐state actors are typically involved. Yet, state‐on‐state hostilities are historically perilous on a vast scale, and there is a multilateral system for regulating the use of force in the context of war. Acts of war, even when seeming minimal in impact, are not by‐products of a digital fad, and cyberattack is now described as far more than ‘nuisance’. If anywhere, the place for clarity on hostile state cyberoperations use should be accounted for in International Humanitarian Law. Yet, in its present form, it is ambiguous if not silent on the subject, suggesting that cyberattack currently presents an advantage to perpetrating states. Does this void or these ambiguities make cyberattacks more legally advantageous to states than traditional, kinetic weaponry? I examine whether existing IHL is sufficiently adaptable to state cyberoperations through a mixed legal and theoretical approach and conclude that they do. (shrink)

The practice of official apology has a fairly poor reputation. Dismissed as ‘crocodile tears’ or cheap grace, such apologies are often seen by the public as an easy alternative to more punitive or expensive ways of taking real responsibility. I focus on what I call the role-playing criticism: the argument that someone who offers an apology in public cannot be appropriately apologetic precisely because they are only playing a role. I offer a qualified defence of official apologies against this objection, (...) considering them through the lens of fiduciary duties. This focus draws our attention to formal or impersonal relationships that are nevertheless normatively rich, capable of sustaining trust, concern, and care. At the same time, I highlight several pitfalls for fiduciary apologisers, including the tension between apology as a mode of truth telling and the duty of confidentiality. I consider whether the fiduciary apologiser, in reflecting on her fiduciary obligations, has ‘one thought too many’ for genuine apology, and argue that the issue of mixed motives is not limited to fiduciary contexts, cautioning against excessive idealism in our conception of apology. I conclude with some reflections on possible conflicts between fiduciary obligations and the conscientious desire to apologise. (shrink)

In this article I argue that characterizations of anger as a hostile emotion may be mistaken. My project is empirically informed and is partly descriptive, partly diagnostic. It is descriptive in that I am concerned with what anger is, and how it tends to manifest, rather than with what anger should be or how moral anger is manifested. The orthodox view on anger takes it to be, descriptively, an emotion that aims for retribution. This view fits well with anger being (...) a hostile emotion, as retribution is punitive. I will argue that a different view of anger deserves our attention. On this alternative view, anger aims for recognition of harms done, rather than for the punishment of those who have committed them. I argue that we have reason to favour a strong view that excludes retribution from anger’s main aims. In addition, I offer a diagnosis of the reasons that led the retributive view of anger to become, and remain, orthodoxy. This diagnosis provides indirect reason to give my descriptive proposal serious consideration, for it highlights that the orthodox view has dominated folk and philosophical conceptions of anger for reasons that do not speak in favour of the view’s veracity. The view that anger is a hostile emotion will therefore emerge as in need of serious scrutiny. (shrink)

In this paper, I ask how – and whether – the rectification of injury at which corrective justice aims is possible, and by whom it must be performed. I split the injury up into components of harm and wrong, and consider their rectification separately. First, I show that pecuniary compensation for the harm is practically plausible, because money acts as a mediator between the damaged interest and other interests. I then argue that this is also a morally plausible approach, because (...) it does not claim too much for compensation: neither can all harms be compensated, nor can it be said when compensation is paid that the status quo ante has been restored. I argue that there is no conceptual reason for any particular agent paying this compensation. I then turn to the wrong, and reject three proposed methods of rectification. The first aims to rectify the wrong by rectifying the harm; the second deploys punitive damages; the third, punishment. After undermining each proposal, I argue that the wrong can only be rectified by a full apology, which I disaggregate into the admission of causal and moral responsibility, repudiation of the act, reform, and, in some cases, disgorgement and reparations, which I define as a good faith effort to share the burden of the victim’s harm. I argue, further, that only the injurer herself can make a full apology, and it is not something that can be coerced by other members of society. As such, whether rectification of the wrong can be a matter of corrective justice is left an open question. (shrink)

Blaming (construed broadly to include both blaming-attitudes and blaming-actions) is a puzzling phenomenon. Even when we grant that someone is blameworthy, we can still sensibly wonder whether we ought to blame him. We sometimes choose to forgive and show mercy, even when it is not asked for. We are naturally led to wonder why we shouldn’t always do this. Wouldn’t it be a better to wholly reject the punitive practices of blame, especially in light of their often undesirable effects, and (...) embrace an ethic of unrelenting forgiveness and mercy? In this paper I seek to address these questions by offering an account of blame that provides a rationale for thinking that to wholly forswear blaming blameworthy agents would be deeply mistaken. This is because, as I will argue, blaming is a way of valuing, it is “a mode of valuation.” I will argue that among the minimal standards of respect generated by valuable objects, notably persons, is the requirement to redress disvalue with blame. It is not just that blame is something additional we are required to do in properly valuing, but rather blame is part of what that it is to properly value. Blaming, given the existence of blameworthy agents, is mode of valuation required by the standards of minimal respect. To forswear blame would be to fail value what we ought to value. (shrink)

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 (...) in thinking about and administering criminal justice. I start with an analysis of imprisonment and its permissibility as a punitive tool of justice. In particular, I present a novel argument against punitive imprisonment, showing it to fall short in meeting two key criteria of just punishment, namely (i) that the appropriate individual is being punished, and (ii) that the punishment can be adequately moderated to reflect the seriousness of the crime. The principles I argue for and that the aforementioned analysis brings to the fore, rooted in the sentient experience, firstly of victims, and not only of victims but also of the offenders as well as the society at large, then lead me to elucidate the broader framework of jurisprudence that I then apply more widely. Hence, while rejecting punitive imprisonment, I use its identified shortcomings to argue for the reinstitution of forms of punishment that are, incongruently, presently not seen as permissible, such as corporal punishment and punishments dismissed on the basis of being seen as humiliating. I also present a novel view of capital punishment, which, in contradiction to its name, I reject for punitive aims, but which I argue is permissible on compassionate grounds. (shrink)

Should the state punish its disadvantaged citizens who have committed crimes? Duff has recently argued that where disadvantage persists the state loses its authority to hold individuals to account and to punish for criminal wrongdoings. I here scrutinize Duff’s argument for the claim that social justice is a precondition for the legitimacy of state punishment. I sharpen an objection to Duff’s argument: with his framework, we seem unable to block the implausible conclusion that where disadvantage persists the state lacks the (...) authority to punish any citizen for any crime. I then set out an alternative line of argument in support of the claim that social deprivation can threaten the states legitimate punitive authority. I argue that a penal system must incorporate certain proportionality principles, and that these principles cannot both be met where citizens suffer from deprivation. (shrink)

I argue that contemporary liberal theory cannot give a general justification for the institution or practice of punishment, i.e., a justification that would hold across a broad range of reasonably realistic conditions. I examine the general justifications offered by three prominent contemporary liberal theorists and show how their justifications fail in light of the possibility of an alternative to punishment. I argue that, because of their common commitments regarding the nature of justification, these theorists have decisive reasons to reject punishment (...) in favor of a non-punitive alternative. I demonstrate the possibility of this alternative by means of a careful examination of the nature of punishment, isolating one essential characteristic—the aim to impose suffering—and showing how this characteristic need not guide enforcement. There is logical space for a forceful and coercive, yet non-punitive method of enforcement. This fact poses difficulties for many classical and contemporary justifications of punishment, but it poses particularly crippling problems for general liberal justifications. (shrink)

Hume maintained that, philosophically speaking, there is no difference between exiting a room out of the first-floor window and using the door. Nevertheless, Hume’s reason and common sense prevailed over his scepticism and he advocated that we should always use the door. However, we are currently living in a world that is more seriously committed to the Humean philosophy of empiricism than he was himself and thus the potential to act inappropriately is an ever-present potential. In this paper, I explore (...) how Hume’s two versions of causality have detrimentally affected our ability both to arrive at and to use research to improve human well-being. I illustrate my argument with an example of what I think is an incorrect yet supposedly scientifically sound assumption: that absenteeism causes poor school attainment. Instead I make the interdisciplinary argument that absenteeism is better understood as an aggravating symptom of a number of other causes of poor attainment, such as poverty and individual psychological factors. I suggest that an instrumental, punitive policy against parents whose children tend to be absent from school may be ineffectual or even counterproductive if the objective is to improve the well-being of those children. To support my argument, I introduce the critical realist idea of transfactuality. Using the example of research into moon rocks, I show how mainstream science uses transfactuality despite its empiricist aversion to it. I also suggest that it is our honesty, integrity, and stoicism that lead us to the extreme overthrow of reason and common sense that we see today in many of the UK’s social policies; an overthrow that Hume himself did not achieve. Metaphorically speaking, British professionals, stoically and honestly believing in the ability of their trusted research correlations to guide their action, are exiting out of the first-floor window rather than using the door. This is a significant barrier to our ability to devise and implement social policy. (shrink)

Recent years have seen the rise of ‘Just Culture’ as an ideal in the patient safety movement, with numerous hospitals and professional organisations adopting a Just Culture response to incidents ranging from non-culpable human error to intentional misconduct. This paper argues that there is a deep problem with the Just Culture model, resulting from its impoverished understanding of the value of punitive, fundamentally backward-looking, practices of holding people accountable. I show that the kind of ‘accountability’ and ‘punishment’ contemporary Just Culture (...) advocates endorse disrespects both patients and providers. I claim, first, that punishment is good because it respects participants in the healthcare system by restoring an equilibrium of social and moral status that wrongdoing disturbs, and, second, that it only does so when it communicates a backward-looking message of resentful blame. (shrink)

According to deterrence justifications of legal punishment, legal punishment is justified at least in part because it deters offenses. These justifications rely on important empirical assumptions, e.g., that non-punitive enforcement can't deter or that it can't deter enough. I’ll challenge these assumptions and argue that extant deterrence justifications of legal punishment fail. In the process, I examine contemporary deterrence research and argue that it provides no support for these justifications.

Experimental philosophers and psychologists investigate whether people perceive moral judgments to be objectively true or false. Existing research focuses on a single dimension of ‘perceived objectivity’. The present research examines whether multiple dimensions of folk moral objectivity underlie moral judgments. It also examines whether such dimensions relate to perceived objectivity, tolerance, and people’s behavioral intentions to punish norm-violators. Exploratory factor analysis on twenty ethical items revealed three different ways of perceiving moral truth (Independent Truth, Universal Truth, Divine Truth), which each (...) form reliable subscales (Study 1). This three-factor structure was supported by confirmatory factor analysis (Study 2). Each of the dimensions is differently related to perceived objectivity (Study 3). With respect to tolerance, perceived objectivity is a mediator in the relationship between perceiving moral truth as absolute or universal and tolerance (Study 4). With respect to a willingness to harm measure, Independent Truth is negatively related and Universal Truth is positively related, to people’s punitive attitudes toward norm-violators. (shrink)

Strawson's view on punishment has been either neglected or recoiled from in contemporary scholarship on ‘Freedom and Resentment’ (FR). Strawson's alleged retributivism has made his view suspect and troublesome. In this article, we first argue, against the mainstream, that the punishment passage is an indispensable part of the main argument in FR (section 1) and elucidate in what sense Strawson can be called ‘a retributivist’ (section 2). We then elaborate our own hypothesis of symbolic retribution to explain the continuum between (...) moral reactive attitudes and punishment that Strawson only adumbrates (section 3). After this justification of the punitive response to wrongdoing, we compare and contrast our specific kind of retributivist hypothesis with other positions in the so-called ‘new retributivism’ (section 4). Our hypothesis differs from other subvarieties of expressive retributivism in putting centre stage the idea of punishment as taking up a reverential stance towards the victim. (shrink)

Coordinating competing interests can be difficult. Because law regulates human behavior, it is a candidate mechanism for creating coordination in the face of societal disagreement. We argue that findings from moral psy- chology are necessary to understand why law can effectively resolve co- occurring conflicts related to punishment and group membership. First, we discuss heterogeneity in punitive thought, focusing on punishment within the United States legal system. Though the law exerts a weak influence on punitive ideologies before punishment occurs, we (...) argue that it effectively coordinates perceptions of individuals who have already been punished. Next, we discuss intergroup conflict, which often co-occurs with disagree- ments related to punishment and represents a related domain where coor- dination can be difficult to achieve. Here, we underscore how insights from moral psychology can promote equality via the law. These examples demonstrate how contributions from moral psychology are necessary to understand the connection between social cognition and law. (shrink)

Truth is a locus of guilt for the Christian, according to Jacques Lacan. The religious person, he argues, punitively defers truth eschatologically. Yet Lacan’s own view dissolves eschatological deferral to the world, as the “Real”. The metaphysics of Erich Przywara SJ helps highlight that this mirrors Lacan’s view of the religious person. Przywara’s Christian metaphysics and Lacanian psychoanalysis converge on the immanence of truth to history. But Przywaran analogy corrects Lacan’s position on the religious person, which by implication calls for (...) an adjustment to Lacan’s worldview. In the final analysis, Lacan’s dialectical nihilism should yield to a Christian’s hopeful relation to the truth. (shrink)

The main thesis of this paper is that justice is not a natural law that (re)establishes equilibrium and order in the universe, but a disposition enforced by a fighting will to render to every man his due in line with a regime of rights, powers, or immunities to use, enjoy and control some external goods. Inasmuch as there is no sense, feeling or instinct of justice, it is reasonable to assert that people regulate their conduct under the authority of a (...) legislative authority according to certain ideas of justice, which they adopt and promote through a steady effort of knowledge and will. Critical analysis of the main types of justice − associative justice, punitive justice, corrective justice, restorative justice, functional justice, normative justice, commutative justice and distributive justice − from a liberal democratic perspective highlights the formal requirements of justice in different social arrangements and in relation to various aspects of personal and social life. Because it lacks a natural foundation of justice and people have strong interests in enforcing a certain idea of justice, public debates about justice entail a clash of militant wills. Debaters engage in a struggle for political hegemony trying to exclude from the public sphere the rival ideas about justice. In other words, all substantive debates about justice are carried out in an agonistic public sphere. The more civilized and reasonable the agonistic debates about justice are, the more likely the idea of justice is to fit the vital interests of individuals and society. (shrink)

Its critics call it ‘feminism-as-crime-control’, or ‘Governance Feminism’, diagnosing it as a pernicious form of identity politics. Its advocates call it taking sexual violence seriously – by which they mean wielding the power of the state to ‘punish perpetrators’ and ‘protect vulnerable women’. Both sides agree that this approach follows from the radical feminist analysis of sexual violence most strikingly formulated by Catharine MacKinnon. The aim of this paper is to rethink the Governance Feminism debate by questioning this common presupposition. (...) I ask whether taking MacKinnon’s analysis of sexual violence seriously might, in fact, itself give us reason to be critical of political strategies that embrace the punitive state. By raising this question, I hope to persuade radical feminists to listen to critics of carceral politics rather than dismissing them as rape apologists, and critics of carceral politics to listen to radical feminists rather than dismissing them as state apologists. (shrink)

This paper aims to provide a roadmap to AI governance. In contrast to the reigning paradigms, we argue that AI governance should not be merely a reactive, punitive, status-quo-defending enterprise, but rather the expression of an expansive, proactive vision for technology—to advance human flourishing. Advancing human flourishing in turn requires democratic/political stability and economic empowerment. Our overarching point is that answering questions of how we should govern this emerging technology is a chance not merely to categorize and manage narrow risk (...) but also to construe the risks and opportunities much more broadly, and to make correspondingly large investments in public goods, personnel, and democracy itself. To lay out this vision, we take four steps. First, we define some central concepts in the field, disambiguating between forms of technological harms and risks. Second, we review normative frameworks governing emerging technology that are currently in use around the globe. Third, we outline an alternative normative framework based in power-sharing liberalism. Fourth, we walk through a series of governance tasks that ought to be accomplished by any policy framework guided by our model of power-sharing liberalism. We follow these with proposals for implementation vehicles. (shrink)

In The Problem of Punishment, David Boonin offers an analysis of punishment and an account of what he sees as ethically problematic about it. In this essay I make three points. First, pace Boonin's analysis, everyday examples of punishment show that it sometimes isn't harmful, but merely "discomforting." Second, intentionally discomforting offenders isn't uniquely problematic, given that we have cases of non-punitive intentional discomforture---and perhaps even harmful discomforture---that seem unobjectionable. Third, a notable fact about both non-harmful punishment and non-punitive intentional (...) discomforture is that they aim at improving the subject. This suggests that, if the prima facie wrongness of intentionally harming another person is the fundamental challenge for punishment, the "educative defense" is the royal road to justifying the practice. I conclude by outlining one version of the educative defense that exploits this advantage while avoiding some traditional objections to the approach. (shrink)

Many just war theorists (call them traditionalists) claim that just as people have a right to personal self-defense, so nations have a right to national-defense against an aggressive military invasion. David Rodin claims that the traditionalist is unable to justify most defensive wars against aggression. For most aggressive states only commit conditional aggression in that they threaten to kill or maim the citizens of the nation they are invading only if those citizens resist the occupation. Most wars, then, claimed to (...) be justified by the traditionalist fail to meet the proportionality criterion. Thus, a just war, for Rodin, is best conceived of as a punitive war of law enforcement, not as a war of national-defense. I argue that Rodin does not have a case against the traditionalist. If national-defense is a disproportionate response to conditional aggression, then punitive war is a disproportionate response as well. Furthermore, the belief that punitive war is a proportionate response to conditional aggression underscores the traditionalist’s view that self-determination, cultural identity and the like are of sufficient value to defend by means of lethal force. I end the paper by very briefly sketching an account, different from that of Rodin’s, of how individual nations can be justified in waging wars of law enforcement. (shrink)

Genesis 3:16b has traditionally been interpreted as proof of woman’s inferiority, her nefarious powers of seduction, and as a license for men to rule and master her. Such an interpretation seems to have a much greater affinity with the Hellenistic context from which it arose than with its immediate Hebraic and Ancient Near Eastern context. If we are to remain faithful to this context—where woman was held in high esteem—we need more than ever to approach Genesis 3:16b with a lens (...) that does not do violence to the woman. This article seeks to offer a new exegetical lens on Genesis 3:16b, as a redemptive rather than a punitive moment. This will entail that the two key concepts “rule” (mashal) and “loving intention” (teshuqah) be re-interpreted, in the light of its Ancient Near Eastern context, as containing vestiges of the sacred marriage trope figuring in Sumerian cultic texts, notably the Courtship of Inanna and Dumuzi. The parallels between our story and the Courtship will reveal some stunning parallels, enabling us to illuminate a radically new understanding of Genesis 3:16b as a sacred marriage scene, with the woman enabling the uplifting of man, inaugurating his reign as the king of the land, rather than finding herself dominated by him and a victim of his power over her. (shrink)

Some philosophers defend legal punishment by appealing to a natural right to punish wrongdoers, a right people would have in a state of nature. Many of these philosophers argue that legal punishment can be justified by transferring this right to the state. I’ll argue that such a right may not be transferrable to the state because such a right may not survive the transition out of anarchy. A compelling reason for the natural right claim – that in a state of (...) nature there are few if any viable non-punitive enforcement options – isn’t obviously true in state contexts. (shrink)

What is cruelty? How and why does it matter? What do the legal rejection of cruelty and the requirements of mercy entail? This essay asks these questions of Lucius Seneca, who first articulated an agent-based conception of cruelty in the context of punishment. The hypothesis is submitted that the answers to these questions offered in Seneca's De clementia constitute one of the turning points in the evolution of practical reason in law. I conclude, however, by arguing that even the mainstream (...) punitive practices of contemporary western societies fail to meet the modest imperatives of the rejection of cruelty and the unconditionality of mercy propounded by Seneca. (shrink)

What effects are produced in an encounter between what Gilles Deleuze calls Spinoza’s ‘practical philosophy’ and abolition? Closely following Deleuze’s account of Spinoza, this essay moves from the reifying and weakening punitive moralism of carceral state thought towards a joyful materialist abolitionist ethic. It starts with the three theses for which, Deleuze argues, Spinoza was denounced in his own lifetime: materialism (devaluation of consciousness), immoralism (devaluation of all values) and atheism (devaluation of the sad passions). From these three, it derives (...) three parallel abolitionist theses: (1) Spinozan materialism undermines the reifications of carceral state thought; (2) Spinozan ethics undermines the punitivism of the carceral state; and (3) Spinozan joy is inversely proportional to the power of the carceral state. While Spinoza’s corpus may not give us an adequate account of the complex dynamics of the carceral state and racial capitalism today, this essay argues that in the infinite streams of the Ethics we nonetheless find some vital strategies through which we might compose an anomalous alliance between this condemned philosopher and abolition. (shrink)

On the moral model of addiction, addicts are morally responsible and blameworthy for their addictive behaviours. The model is sometimes resisted on the grounds that blaming addicts is incompatible with treating addiction in a compassionate and non-punitive way. I argue the moral model is consistent with addressing addiction compassionately and non-punitively and better accounts for both the role of addicts’ agency in the recovery process. If an addict is responsible for their addictive behaviours, and that behaviour is in some way (...) bad or wrong, then that addict is blameworthy. If not, then they are not. But, if their addictive behaviour or behaviour which contributes to and perpetuates their condition of addiction, is not bad or wrong, then addiction is not an issue of moral concern. Addicts are blameworthy, but attributions of blame need not be followed by harsh treatment or punishment. Because blame and harsh treatment or punishment can be separated, there is no good reason to reject the moral model of addiction. (shrink)

In recent years, philosopher Jeff McMahan has solidified an influential view that moral desert is irrelevant to the ethics of self-defense. This work aims to criticize this view by demonstrating that there are cases in which moral desert has a niche position in determining whether it may be permissible to kill a person in self- (or other-)defense. This is done by criticizing McMahan’s Responsibility Account of liability as being overly punitive against minimally responsible threateners (MRTs), and by demonstrating, through reference (...) to Saba Bazargan’s Hybrid Account of liability to defensive harm, that further justification than mere liability is necessary in the justification of killing these kinds of threateners. It is also argued that other kinds of justifications like lesser-evil justifications are not necessarily strong enough to justify killing MRTs, even on top of established liability. This paper puts forward the view that, where a strong enough moral difference between threatener and innocent victim cannot be established, a justification on the basis of the implications of prior moral acts might, on some occasions, give us reasons to kill or not kill MRTs in self-defense. (shrink)

Resumo: Em décadas recentes, a investigação filosófica sobre a responsabilidade moral e o livre-arbítrio, que por muito tempo foi vista como um empreendimento principalmente teórico, passou a também incluir preocupações de tipo mais prático. Essa mudança é bem ilustrada pela proposta cética desenvolvida por autores como Derk Pereboom e Gregg Caruso. Seus trabalhos não apenas negam que sejamos agentes livres e moralmente responsáveis (em um sentido específico dos termos em questão), mas também defendem reformas na maneira como a responsabilização é (...) efetivada em nossas relações interpessoais e, especialmente, no sistema penal. Este artigo examina as implicações práticas do ceticismo de Pereboom e Caruso, principalmente no que diz respeito à sua implementabilidade. Argumento que o núcleo propriamente cético da proposta é inviável para seres humanos com a psicologia moral que temos, mas que, apesar disso, alguns elementos da proposta são compatíveis com uma proposta não-cética focada no aperfeiçoamento das práticas punitivas. Abstract: In recent decades, the philosophical investigation of moral responsibility and free will, which for a long time was seen as a mostly theoretical enterprise, became also the place of more practically oriented concerns. The skeptical view developed by Derk Pereboom and Gregg Caruso is a good illustration of the change. In their work, they not just deny that we are free and morally responsible agents (in a specific sense of the relevant terms) but also propose the reform of responsibility practices as they figure in our interpersonal relations and, especially, in the criminal justice system. This paper examines the practical implications of Pereboom and Caruso’s skepticism, particularly in what concerns its likelihood of being implemented. I argue that the strictly skeptical core of their proposal is not viable for human beings with a moral psychology like ours, but that some elements are nonetheless consistent with a non-skeptical view focused on the improvement of punitive practices. (shrink)

This essay provides an overview of the crime/tort distinction. It first investigates some of the fundamental differences between criminal law and tort law in doctrine and legal structure. It then explores some important similarities and differences in normative perspectives between the two doctrinal fields. This typology should prove analytically useful for examining some of the specific issues at the borderline of crime and torts—such as the proper scope of punitive damage liability and the question whether criminal law as well as (...) tort law should vary legal sanctions simply because of the fortuitous occurrence of harm. (shrink)

Recent studies show that the current punitive approach to bullying, in the form of zero-tolerance policies, is ineffective in reducing bullying and school violence. Despite this significant finding, anti-bullying legislation is increasing. The authors argue that these policies are not only ineffective but that they are also unjust, harmful, and stigmatizing. They advocate a broader integrative approach to bullying programs that includes both victims and bullies.

A child, according to Nigerian law (2019), "is a conceptualized term used for anybody that is 14 years old and below." Anshana Arora (2020) found that Africa’s child population will reach 1 billion by 2055, making it the largest child population among all continents. Yet, according to a recent report by UNICEF (2020), between 2005 and 2020, more than 93,000 children were verified as "child soldiers," used in different armed conflicts in Africa. Other cases document girls being treated as (...) slaves, forced to work day and night peddling goods in the market. Additionally, there is widespread systemic abuse of children in Africa. This paper, therefore, explores the children of Africa: child soldiers and child labour; and the potential solutions for ending the plight of exploited children. Using the analytic method, an endeavor was made to show the implication of child labor and child soldiers in Africa. The paper concluded that ending the recruitment of children into violent conflict is possible by addressing the root causes of child exploitation, which can be achieved through the proactive creation of good policies, re-education, and skill development training and advocacy programs. (shrink)

The relationship between power, law and consent is a key feature of the Western debate on criminal law. On the one side, defining the legitimate ways of exercising the punitive power has been a critical question since the Enlightenment thought onwards and especially as to the rule of law doctrine. On the other side, the role played by public punishment in shaping consent and its communicative potential have been crucial questions for critical, as well as non-critical approaches to criminal law (...) in contemporary thought. These questions gain in strength and radicalism when it comes to international criminal law (ICL). In this case the filter of the state is not present anymore to mediate between power, law and consent, and the power to punish individuals is directly exercised by international institutions. This means, on the one hand, that traditional justifications of the power to punish and which are elaborated on in the domestic sphere are not useful anymore in legitimating international punishment. International criminal norms are not framed by an international democratically elected parliament, and their exercise is not controlled by the complex system of checks and balances typical of the rule of law. On the other hand, having not being created by a sovereign, international criminal law cannot be conceived as an instrument to build or consolidate consent around the sovereign. A double-sided dilemma therefore arises: traditional explanations are no longer apt to answer the question whether ICL is legitimate, while ICL itself can no longer be considered an instrument to build consent around the traditional power exercising it, namely the state. Although I consider both sides of the dilemma equally interesting and stimulating, I will focus here only on one side of the coin: the ability to build consent of the ICL institutions, and in particular the International Criminal Court (ICC). In other words, instead of asking whether the consent around the ICC is broad enough for the Court to be considered legitimate, I shall ask whether the ICC is able to build consent around the world order it embodies. (shrink)

This article opens with the consequentialist–deontologist debate, with the former concerned about the relevance of punitive measures against their crime reducing potentials, while the latter highlights punishment as censure of wrongful acts and the proportion of the punishment to the degree of crime. The article briefly discusses the empirical research on the impact of penal sanctions and focuses on three main kinds of empirical research into possible general deterrent effects—namely, association studies, quasi-experimental studies, and contextual and perceptual studies. It addresses (...) the methodological issues involved in deterrence research and summarizes the results precisely. This article also discusses reductivism in the view of the possibility that penal sanctions could influence the offender's will. The results suggest that crime preventive aims can justify sentencing policies only to a limited degree, at least for the foreseeable future. (shrink)

In light of the recent developments featuring women around the world reclaiming their autonomy and self-respect in the face of male domination, it is becoming increasingly urgent to rethink the ancient “curse” on woman and the way that it has not only allowed but condoned male oppression and domination over women throughout the centuries. Rather than read the text through the traditional Aristotelian lens used by Church fathers to describe woman as the seductress and man as the legitimate authority over (...) woman’s corrupt nature, this paper proposes a radical re-reading of the “curse” of Genesis 3:16 as a redemptive rather than a punitive moment wherein the woman is given back her power as the ezer kenegdo of man, and man is given back his kingdom lost and his reign over the whole of Creation, or mashal, through the woman’s love, or teshuqah. This will entail that the two key concepts mashal and teshuqah be profoundly re-interpreted from a Hebrew inter-textual perspective rather than through a Greek philosophical lens. (shrink)