A deterrence theory of punishment holds that the institution of criminal punishment is morally justified because it serves to deter crime. Because the fear of external sanction is an important incentive in crime deterrence, the deterrence theory is often associated with the idea of severe, disproportionate punishment. An objection to this theory holds that hope of escape renders even the severest punishment inapt and irrelevant. -/- This article revisits the concept of deterrence and defend a more (...) plausible deterrence theory of punishment—the wide-scope deterrence theory. The wide-scope theory holds that we must make the best use of all the deterrence tools available, including both external and internal sanctions. Drawing on insights from the early Confucian tradition, the article develops a deep deterrence theory, which holds that the most important deterrence tool involves internal, not external, sanction. It describes how internal sanctions deter potential offenses and why relevant policies need not conflict with liberalism’s respect for neutrality. (shrink)

This article explores the transformative impact of artificial intelligence on deterrence theory, introducing 10 groundbreaking concepts that are reshaping global security dynamics. As traditional deterrence strategies face challenges in an increasingly complex and interconnected world, these innovative approaches leverage AI, complex systems theory, and emerging technologies to create more sophisticated and adaptive deterrence mechanisms. From Chaos Deterrence, which harnesses unpredictability, to Möbius Deterrence, which blurs the lines between offense and defense, these concepts represent a paradigm (...) shift in conflict prevention and strategic stability. The article examines each concept in detail, discussing their potential applications, historical precedents, and contemporary relevance. It also addresses the ethical implications, challenges, and potential risks associated with implementing these AI-driven deterrence strategies. By analyzing these cutting-edge concepts, the article provides valuable insights into the future of global security in the age of artificial intelligence. (shrink)

This is a presentation of the utilitarian approach to punishment. It is meant for students. A note added in July, 2022 advises the reader about the author's current views on some topics in the paper. The first section discusses Bentham's psychological hedonism. The second briefly criticizes it. The third section explains abstractly how utilitarianism would determine of the right amount of punishment. The fourth section applies the theory to some cases, and brings out how utilitarianism could favor punishments more or (...) less severe than the lex talionis. (shrink)

In this paper I explore the degree to which the most plausible versions of a Kantian approach to punishment differ from plausible versions of a consequentialist approach with regard to the permissibility of deterrence. I begin by examining the Formula of Humanity. Perhaps surprisingly, I show that the most plausible statement of this principle does not even mention the idea of treating people merely as a means. The other crucial claim in that principle—that we must treat people as ends—is (...) in fact the operative idea. The best interpretation of the Formula of Humanity makes Kantianism a basically ‘objective’ moral theory, in a sense to be explained, as is consequentialism. After defending my interpretation of the formula I go on to consider a recent theory of punishment developed by Victor Tadros that appeals to a principle paralleling the Formula of Humanity, the Means Principle. I argue that the Means Principle is not a plausible moral principle by using arguments that derive from my interpretation of the Formula of Humanity. The Means Principle is therefore unsuited to be the way to frame a discussion of whether deterrent punishments are permissible. In Section IV I discuss a version Kantian moral theory that can be seen as based on a proper interpretation of the Formula of Humanity. This version, drawing on the work of John Rawls, permits the pursuit of deterrence. This suggests that Kantianism and consequentialism are not divided on the issue of the permissibility of deterrence. In the final section I note one reason for thinking that further features of the consequentialist approach to deterrence make it superior to the Kantian-Rawlsian. (shrink)

This study aims to determine driving factors significantly influencing the purchase intention and to identify impediments creating the intention –behavior gap regarding organic food consumption in Vietnam. The chosen driving factors affecting the organic food purchase intention in this study are health benefits, environmental awareness, and social norms, whereas trust, price, and convenience as well as availability are investigated as deterrent factors of the link between intention and behavior. A structured online questionnaire with snow-balling sampling method was distributed to collect (...) a representative sample of 466 Vietnamese consumers nationwide. A five-point likert scale was used for the level of approval for 36 statements. Statistical tools of SPSS 22.0 including descriptive analysis, principal component analysis, and multiple regression analysis models were used for data analysis. The results showed that health benefits, environmental awareness, and social norms were facilitators of organic food purchase intention. Although high intention to purchase organic foods was identified in Vietnam, it was not translated into actual purchase behavior. The main barriers for the inconsistency were premium price and low availability of organic products or inconvenience to buy in the market. Lack of trust insignificantly impacted on organic food choices among Vietnamese consumers in this study. These empirical findings and suggestions are beneficial for all players across supply chains. (shrink)

Gauthier claims: (1) a non-maximizing action is rational if it maximized to intend it. If one intended to retaliate in order to deter an attack, (2) retaliation is rational, for it maximized to intend it. I argue that even on sympathetic theories of intentions, actions and choices, (1) is incoherent. But I defend (2) by arguing that an action is rational if it maximizes on preferences it maximized to adopt given one's antecedent preferences. (2) is true because it maximized to (...) adopt preferences on which it maximizes to retaliate. I thus save the theory that rational actions must maximize, and extend it into the rational criticism of preferences. (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.

Suppose that state A attacks state D without warrant. The ensuing military conflict threatens international peace and security. State D (I assume) has a justification for defending itself by means of military force. Do third parties have a justification for intervening in that conflict by such means? To international public lawyers, the well-rehearsed and obvious answer is “yes.” Threats to international peace and security provide one of two exceptions to the legal and moral prohibition (as set out in Article 2[4] (...) of the UN Charter) on using force as a means for resolving interstate disputes. Just war theorists are not as verdictive. Compared to the ethics of humanitarian intervention and the ethics of national self-defense, the ethics of third-party military involvement in interstate conflicts remains underdeveloped in contemporary just war theory. This essay begins to fill that gap. I argue that to defend such interventions is tantamount to defending preventive military force, deterrent military force, and the resort to force in more cases than standardly thought. I then provide an account and limited defense of the deterrence argument. I show that deterrence is morally justified in relatively few cases and examine two problems with the argument: deterrence failures and the level of uncertainty under which leaders who use deterrent force operate. I conclude that we should take seriously the possibility that nonintervention, construed as the rejection of the direct use of military force, is the morally correct response to the most serious threats to international peace and security. (shrink)

This article formulates a deterrence theory of punishment based on Lockean premises. Following authors such as Warren Quinn and Daniel Farrell, it is claimed that a justification for the right to punish must be built upon the recognition of the importance of a right to issue retaliatory threats. Contrary to those authors, however, the articulation of such recognition is made within a Lockean theory of individual rights. This allows us to appreciate the specific role deterrence has in a (...) plausible conception of punishment, and thus address certain objections that have been formulated recently, especially by David Boonin. (shrink)

In this chapter, I consider contemporary consequentialist theories of punishment. Consequentialist theories of punishment look to the consequences of punishment to justify the institution of punishment. Two types of theories fall into this category—teleology and aggregationism. I argue that teleology is implausible as it is based on a problematic assumption about the fundamental value of criminal punishment, and that aggregationism provides a more reasonable alternative. Aggregationism holds that punishment is morally justified because it is an institution that helps society to (...) aggregate important moral values. Several theories fall into this category, including general deterrence theories, specific deterrence theories, and preventionism. I critically evaluate these theories and argue that only one specific deterrence theory, namely, my rights-protection theory, provides the most reasonable consequentialist account of punishment. (shrink)

This paper targets a nearly universal assumption in the philosophical literature: that prepunishment is unproblematic for consequentialists. Prepunishment threats do not deter, as deterrence is traditionally conceived. In fact, a pure prepunishment legal system would tend to increase the criminal disposition of the grudgingly compliant. This is a serious problem since, from many perspectives, but especially from a consequentialist one, a primary purpose of punishment is deterrence. I analyze the decision theory behind pre and postpunishments, which helps clarify (...) both what deterrence is and how it operates in consequentialist justifications of punishment. I end by sketching a road map for the future of prepunishment as artificial intelligence and other technological advances generate increasing possibilities for its use. (shrink)

T. M. Scanlon’s contractualism is a meta-ethical theory that explains moral motivation and also provides a conception of how to carry out moral deliberation. It supports non-consequentialism – the theory that both consequences and deontological considerations are morally significant in moral deliberation. Regarding the issue of punishment, non-consequentialism allows us to take account of the need for deterrence as well as principles of fairness, justice, and even desert. Moreover, Scanlonian contractualism accounts for permissibility in terms of justifiability: An act (...) is permissible if and only if it can be justified to everyone affected by it. This contractualist thesis explains why it is always impermissible to frame an innocent person, why vicarious punishment is impermissible, and why there has to be a cap on sentences. Contractualism therefore allows us to take deterrence as a goal of punishment without the excess of utilitarianism. This paper further argue that the resulting view is superior to pure retributivism. Finally, it shows why legal excuses and mitigation can be justified in terms of the notion of negative desert. (For access to this paper: http://www.tandfonline.com/eprint/sJ2JBVXkztyFMGmxS7tS/full ) . (shrink)

This article advances a critical analysis of John Rawls’s justification of liberal democratic nuclear deterrence in the post-Cold War era as found in The Law of Peoples. Rawls’s justification overlooked how nuclear-armed liberal democracies are ensnared in two intransigent ethical dilemmas: one in which the mandate to secure liberal constitutionalism requires both the preservation and violation of important constitutional provisions in domestic affairs, and the other in which this same mandate requires both the preservation and violation of the liberal (...) commitment to international legal arrangements and to the rule of law generally. On this view, the choice to violate constitutional provisions and international legal arrangements is evidence of nuclear despotism. Moreover, this choice does not imply that the ethical foreign policy dilemmas were resolved. Instead, it implies that the dilemmas force liberal democratic governments into implementing ethically paradoxical policy outcomes. (shrink)

Autonomous and automatic weapons would be fire and forget: you activate them, and they decide who, when and how to kill; or they kill at a later time a target you’ve selected earlier. Some argue that this sort of killing is always wrong. If killing is to be done, it should be done only under direct human control. (E.g., Mary Ellen O’Connell, Peter Asaro, Christof Heyns.) I argue that there are surprisingly many kinds of situation where this is false and (...) where the use of Automated Weapons Systems would in fact be morally required. These include cases where a) once one has activated a weapon expected then to behave lethally, it would be appropriate to let it continue because this is part of a plan whose goodness one was best positioned to evaluate before activating the weapon; b) one expects better long-term consequences from allowing it to continue; c) allowing it to continue would express a decision you made to be resolute, a decision that could not have advantaged you had it not been true that you would carry through with it; d) the weapon is mechanically not recallable, so that, to not allow it to carry through, you would have had to refrain from activating it in the first place, something you expected would have disastrous consequences; e) you must deputize necessary killings to autonomous machines in order to protect yourself from guilt you shouldn’t have to bear; f) it would be morally better for the burden of responsibility for the killing to be shared among several agents, and the agents deputizing killing to machines can do this, especially where it’s not predictable which machine will be successful; g) a killing would be morally better done with elements of randomness and lack of deliberation, and a (relatively stupid) machine could do this where a person could not; h) the machine would be acting as a Doomsday Device, so that it could not have had its hoped for deterrent effect had you not ensured that you would be unable to recall it if enemy action activated it; i) letting it carry through is a necessary part of its own learning process, and you expect that this learning will have salutary effects later on; j) human intervention in the machine’s operation would disastrously impair its precision, or its speed and efficiency; k) using non-automated methods would require human resources you just don’t have in a task that nevertheless must be done (e.g., using land-mines to protect remote installations); l) the weapon has such horrible and indiscriminate power that it is doubtful whether it could be actually used in ways compatible with International Humanitarian Law and the Laws of War, which require that weapons be used only in ways respecting distinctness, necessity and proportionality, but its threat of use could respect these principles in affording deterrence provided human error cannot lead to their accidental deployment, this requiring that they be controlled by carefully designed autonomous and automatic systems. I then consider objections based on conceptions of human dignity and find that very often dignity too is best served by autonomous machine killing. Examples include saving your village by activating a robot to kill invading enemies who would inflict great indignity on your village, using a suicide robot to save yourself from a less dignified death at enemy hands, using a robotic drone to kill someone otherwise not accessible in order to restore dignity to someone this person killed and to his family, and using a robot to kill someone who needs killing, but the killing of whom by a human executioner would soil the executioner’s dignity. I conclude that what matters in rightful killing isn’t necessarily that it be under the direct control of a human, but that it be under the control of morality; and that could sometimes require use of an autonomous or automated device. (This paper was formerly called "Fire and Forget: A Defense of the Use of Autonomous Weapons in War" on Philpapers; the current title is the title of the published version.). (shrink)

To the normal reasons that we think can justify one in preferring something, x (namely, that x has objectively preferable properties, or has properties that one prefers things to have, or that x's obtaining would advance one's preferences), I argue that it can be a justifying reason to prefer x that one's very preferring of x would advance one's preferences. Here, one prefers x not because of the properties of x, but because of the properties of one's having the preference (...) for x. So-revising one's preferences is rational in paradoxical choice situations like Kavka's Deterrence Paradox. I then try to meet the following objections: that this is stoicist, incoherent, bad faith; that it conflates instrumental and intrinsic value, gives wrong solutions to the problems presented by paradoxical choice situations, entails vicious regresses of value justification, falsifies value realism, makes valuing x unresponsive to x's properties, causes value conflict, conflicts with other standards of rationality, violates decision theory, counsels immorality, makes moral paradox, treats value change as voluntary, conflates first- and second-order values, is psychologically unrealistic, and wrongly presumes that paradoxical choice situations can even occur. (shrink)

This article assesses how autonomy and machine learning impact the existential risk of nuclear war. It situates the problem of cyber security, which proceeds by stealth, within the larger context of nuclear deterrence, which is effective when it functions with transparency and credibility. Cyber vulnerabilities poses new weaknesses to the strategic stability provided by nuclear deterrence. This article offers best practices for the use of computer and information technologies integrated into nuclear weapons systems. Focusing on nuclear command and (...) control, avoiding autonomy and machine learning is recommended as one means to reduce the existential risk of unintended nuclear conflict. (shrink)

The goal of this essay is to explore "the highly contested nature of [decision-making through adopting] a historically comparative and interdisciplinary approach." Internalist history of game theory treats decision theory as a science of making choices to maximize expected gain. Game theory is applied to nuclear deterrence and military strategy, building markets and designing institutions, analyzing collective action, developing jurisprudence, and addressing crime and punishment. This essay draws on recent historiography of Cold War decision-making to draw into focus the (...) constructive aspects of decision theory to argue that the perceived need to avoid worst-case scenarios has instead contributed to a world in which the worst outcome is probabilistically assured to occur over the long duree timeframe. (shrink)

When people are united in their suffering for a common cause, that which binds them together is always stronger than their differences. The bond is even sturdier when religious motives define their common convictions. For this reason, during martyrdom, those who are persecuted create peculiar reli - gious identity through their common belief in God. This identity generates a socializing bond which makes them resolute in their united witness to the su - bject of their faith. This was the case (...) with the nineteenth-century Ugandan martyrs who died during the reign of the morally debased King Kabaka Mwan - ga. The novelty of this work consists in accentuating the ecumenicity of the Ugandan martyrdom that came into prominence, inter alia , through the Roman Catholic processes of canonization. It is so because there is no research work that has highlighted the fact that Anglicans and Lutherans were equally put to death in their defence of the Christian beliefs and morality alongside the Ro - man Catholics. For this reason, this work underlines how an inclusive narrative of the East-African Christian witness to the truth of the gospel brings out the ecumenicity of the Ugandan martyrologic events. Theoretical frameworks of deterrence and group memory were used in the understanding martyrdom and common witnessing in Uganda. In their united witnessing to the Christian faith, the Ugandan martyrs overcame the shackles of denominational divide that co - uld have weakened their common resolve to stand for Christ. Therefore, Chri - stians in contemporary African continent are called to re-receive the spirit of united witnessing to Christ as exhibited by the Ugandan martyrs since this will go a long way to: healing the wounds caused by denominational rivalry, con - trolling the tendency of tearing one another apart because of ethnic interests, sustaining common witness to truth and justice, encouraging all those suffering for their belief in Christ (no matter their denominational rootedness) to stand firm, and strengthening the spiritual bond that connects together all believers in Christ. (shrink)

Traditional justifications of punishment, deterrence theory and retributivism, are subject to counterexamples that show that they do not explain why generally we have positive reason to punish those who commit serious crimes. Nor do traditional views sufficiently explain why criminals cannot reasonably object to punishment on the grounds that it deprives them of goods to which they are usually entitled. I propose an alternative justification of punishment, grounded in its blaming function. According to the “reactive theory,” punishment is justified (...) because it expresses the appropriate indignation of the community. I argue that this blaming function provides a superior account of the positive reason to punish and of why serious criminals cannot reasonably object to their punishment. (shrink)

In this paper, I propose a new self-defense theory of punishment, the rights-protection theory. By appealing to the interest theory of right, I show that what we call “the right of self-defense” is actually composed of the right to protect our basic rights. The right of self-defense is not a single, self-standing right but a group of derivative rights justified by their contribution to the protection of the core, basic rights. Thus, these rights of self-defense are both justified and constrained (...) by the basic rights they are supposed to protect. I then explain how this theory responds to a common objection. Opponents argue that, to exercise the right of self-defense, some threat must be present. However, in the context of punishment, the threat has already taken effect or is already gone. Thus, the right of self-defense becomes irrelevant when we punish an offender. I show that this objection is based on an implausibly narrow conception of self-defense. A reasonable conception would allow us to exercise our right of self-defense when there is a present definite threat, a future definite threat, or a potential threat. Thus, we may still exercise our right of self-defense in the context of punishment. (shrink)

This paper explores how the Leviathan that projects power through nuclear arms exercises a unique nuclearized sovereignty. In the case of nuclear superpowers, this sovereignty extends to wielding the power to destroy human civilization as we know it across the globe. Nuclearized sovereignty depends on a hybrid form of power encompassing human decision-makers in a hierarchical chain of command, and all of the technical and computerized functions necessary to maintain command and control at every moment of the sovereign's existence: this (...) sovereign power cannot sleep. This article analyzes how the form of rationality that informs this hybrid exercise of power historically developed to be computable. By definition, computable rationality must be able to function without any intelligible grasp of the context or the comprehensive significance of decision-making outcomes. Thus, maintaining nuclearized sovereignty necessarily must be able to execute momentous life and death decisions without the type of sentience we usually associate with ethical individual and collective decisions. (shrink)

Chilling Effects occur when the risks surrounding a speech restriction inadvertently deter speech that lies outside the restriction’s official scope. Contrary to the standard interpretation of this phenomenon I show how speech deterrence for individuals can sometimes, instead of suppressing discourse at the group level, intensify it – with results that are still unwelcome, but crucially unlike a ‘chill’. Inadvertent deterrence of speech may, counterintuitively, create a Heating Effect. This proposal gives us a promising explanation of the intensity (...) of public debate on topics for which there is, simultaneously, evidence of people self-censoring, for fear of breaching speech restrictions. It also helps to pinpoint two problems with existing theoretical analyses of the Chilling Effect: (i) in how they construe the relation between individual- and group-level discursive phenomena; and (ii) how they characterize the distinctively wrongful nature of inadvertent speech deterrence. (shrink)

Grey zone attacks tend to paralyze response for two reasons. First, they present us with choice scenarios of inherently dilemmatic structure, e.g., Prisoners’ Dilemmas and games of chicken, complicated by difficult conditions of choice, such as choice under risk or amid vagueness. Second, they exploit our uncertainty about how much we do or should care about the things under attack¬—each attack is small in effect, but their effects accumulate: how should we decide whether to treat a given attack as something (...) meriting a serious response rather than a mere irritation to be ignored? This chapter brings standard decision theoretic tools to bear on the issues, tools such as the maximization of expected utility principle, and the precautionary principle. But it also develops three innovations. It shows that seeing it as possible to make choices not just of actions given our values, but also choices of values themselves, can extricate us from certain kinds of decision paralysis. It shows how we can rationally regard ourselves as having bright decision lines even when nothing in the circumstance of choice has these lines in its structure. And it shows how certain conflict escalation risks from the former two strategies can be managed by both parties seeing that cooperation can yield a sharable surplus of goods, and that cooperation can be rational upon a rationally defensible change in their values so that each comes to derive utility from the success of both parties. This yields cooperative solutions to what amount to Prisoners’ Dilemmas. The Cold War was prosecuted on the logic of strategic rationality and that part of game theory that is deterrence theory. We need a new logic from decision theorists for the games that constitute grey zone conflict. (shrink)

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)

In this article, I argue that mass incarceration belongs to a category of social status interventions by which the modern state either withholds the ordinary protections and benefits of the law from outlawed groups or subjects them to private punishment based on their mere membership in those groups. In the US these groups include immigrants and resident Latinos, the homeless, the poor and poor blacks, sex workers, and ex-convicts. Outlawry is a fundamentally anti-democratic practice that cannot be justified in terms (...) of deterrence and is incompatible with public safety. (shrink)

How should we undertand the role of norms—especially epistemic norms—governing assertive speech acts? Mitchell Green (2009) has argued that these norms play the role of handicaps in the technical sense from the animal signals literature. As handicaps, they then play a large role in explaining the reliability—and so the stability (the continued prevalence)—of assertive speech acts. But though norms of assertion conceived of as social norms do indeed play this stabilizing role, these norms are best understood as deterrents and not (...) as handicaps. This paper explains the stability problem for the maintenance of animal signals, and so human communication, for we are animals too, after all; the mechanics of the handicap principle; the role of deterrents and punishments as an alternative mechanism; and the role of social norms governing assertion for the case of human communication. (shrink)

In this article, I seek to answer the following cluster of questions: What would a characteristically African, and specifically relational, conception of a criminal trial’s final end look like? What would the Afro-relational approach prescribe for sentencing? Would its implications for this matter forcefully rival the kinds of penalties that judges in South Africa and similar jurisdictions typically mete out? After pointing out how the southern African ethic of ubuntu is well understood as a relational ethic, I draw out of (...) it a certain conception of reconciliation that I advance as a strong candidate for being the proper final end of a criminal trial. I argue that, far from requiring forgiveness, seeking reconciliation can provide strong reason to punish offenders. Specifically, a reconciliatory sentence is one that roughly has offenders reform their characters and compensate their victims in ways the offenders find burdensome, thereby disavowing the crime and tending to foster cooperation and mutual aid. I argue that this novel account of punishment is a prima facie attractive alternative to more familiar retributive and deterrence rationales, and that it entails that widespread practices such as imprisonment and mandatory minimum sentences are unjust. (shrink)

Empirical research has distinguished moral judgments that focus on an act and the actor’s intention or mental states, and those that focus on results of an action and then seek a causal actor. Studies indicate these two types of judgments may result from a “dual-process system” of moral judgment (Cushman 2008, Kneer and Machery 2019). Results-oriented judgements may be subject to the problem of resultant moral luck because different results can arise from the same action and intention. While some argue (...) luck should not bear on persons’ culpability, Victor Kumar has argued that the tendency to hold unlucky agents responsible for harm is justified by consequentialist aims of punishment (Kumar 2019). In contrast, judgments that focus on acts and intentions may be primarily retributive. Kumar claims that judgments focused on results track external, public harm because this increases the reliability of punishment and better achieves instrumental aims, including deterrent effect. In this chapter I examine rape cases using Kumar’s theory of punishment. Rape involves outcomes that are not publicly available. If judgments of punishment depend on outcomes, then we would expect such judgments to be less stable for those instances of wrongdoing that lack public outcomes such as rape, because such judgments would rely instead on often biased and unreliable inferential processes to establish the presence of mental states, which are essentially private. In this way Kumar’s theory actually predicts the way in which we see criminal justice institutions fail with regard to arrest, prosecution, and punishment related to rape; and we might expect similar failures for other crimes that lack publicly available results. In sum, a fundamental problem with institutionalized punishment centered upon results may be that some crimes sit within a moral blindspot. (shrink)

How can we know whether we are punishing the same corporation that committed some past crime? Though central to corporate criminal justice, legal theorists and philosophers have yet to address the basic question of how corporate identity persists through time. Simple cases, where crime and punishment are close in time and the corporation has changed little, can mislead us into thinking an answer is always easy to come by. The issue becomes more complicated when corporate criminals undergo any number of (...) transformations—rebranding, spinning-off a division, merging, changing ownership, changing management, swapping lines of business, etc. These changes are common among all corporations, including those trying to conceal or limit liability for past crimes. This article takes a first step toward developing a workable and philosophically satisfying theory of corporate personal identity and discusses its prospects for fulfilling the retributive, rehabilitative, and deterrent purposes of criminal law. (shrink)

Retributivists are often thought to give 'deontological' theories of punishment, arguing that we should punish not for the beneficial consequences of doing so such as deterrence or incapacitation, but purely because justice demands it. Kant is often regarded as the paradigmatic retributivist. In some passages Kant does appear to give a deontological theory of punishment. For example, Kant insists that on an island where all the people were to leave the next day, forever dissolving and dispersing the community, the (...) last murderer in jail would have to have his execution carried out before the diaspora--justice demands it. In other passages, however, Kant defends punishment by appealing to its beneficial consequences. For example, after supposing that one man on a life raft pushes the other off to save his own life, Kant says that the former man should not be legally punished "because that punishment would have to be death, and it would be an absurd law that threatened death to one who refuses to die voluntarily in a dangerous situation." In this passage Kant's reasoning is that state laws, by threatening us with sanctions, are intended to prevent us from violating rights--the point of these laws is to deter. A law that imposes a punishment that could not deter is an absurd law. I argue that while Kant rejects consequentialism in thinking about moral actions, he distinguishes law and morality, and in the sphere of law, an action we take is to be justified by appealing to the good it yields. The point of legal punishment is to deter violations of rights and protect us from a state of nature in which no one's freedom is assured. Kant's theory of legal (as opposed to moral) punishment is not deontological. Nevertheless we can characterize his consequentialist theory of legal punishment as retributive in some sense. The paper then considers how the passages about punishment in which Kant invokes consequentialist thinking can be reconciled with other passages where he insists on punishment regardless of the consequences. (shrink)

This book is the first comprehensive study of the meaning and measure of enforceability. While we have long debated what restraints should govern the conduct of our social life, we have paid relatively little attention to the question of what it means to make a restraint enforceable. Focusing on the enforceability of legal rights but also addressing the enforceability of moral rights and social conventions, Mark Reiff explains how we use punishment and compensation to make restraints operative in the world. (...) After describing the various means by which restraints may be enforced, Reiff explains how the sufficiency of enforcement can be measured, and he presents a unified theory of deterrence, retribution, and compensation that shows how these aspects of enforceability are interconnected. Reiff then applies his theory of enforceability to illuminate a variety of real-world problem situations. (shrink)

This paper’s aim is to provide overview of the punishment of war crimes. It considers first the rationale of the law of war, the identification and scope of war crimes, and proceeds to consider the justification of punishing war crimes, arguing for a consequentialist view with side-constraints. It then considers the alternative of reconciliation.

As artificial intelligence becomes more sophisticated and robots approach autonomous decision-making, debates about how to assign moral responsibility have gained importance, urgency, and sophistication. Answering Stenseke’s (2022a) call for scaffolds that can help us classify views and commitments, we think the current debate space can be represented hierarchically, as answers to key questions. We use the resulting taxonomy of five stances to differentiate—and defend—what is known as the “blank check” proposal. According to this proposal, a person activating a robot could (...) willingly make themselves answerable for whatever events ensue, even if those events stem from the robot’s autonomous decision(s). This blank check solution was originally proposed in the context of automated warfare (Champagne & Tonkens, 2015), but we extend it to cover all robots. We argue that, because moral answerability in the blank check is accepted voluntarily and before bad outcomes are known, it proves superior to alternative ways of assigning blame. We end by highlighting how, in addition to being just, this self-initiated and prospective moral answerability for robot harm provides deterrence that the four other stances cannot match. (shrink)

Students with recent immigrant roots disproportionately choose educational trajectories in STEM. In addition to the perception that STEM represents the "path of least racism," many students assume the responsibility of contributing to their families' financial wellbeing. In this talk, I share my experience teaching at a pre-professional healthcare university with a large percentage of 1st and 2nd-generation Asian immigrant students. Many of them seek advice on how to negotiate the social and familial pressure to pursue STEM against their interests in (...) the humanities. The reply "Follow your heart" might be inappropriate when familial obligations and perceived bigotry are legitimate deterrents. By recognizing the grand tradition of one immigrant generation trying to improve the lot for the next, we strive not merely for financial freedom but freedom in general. As such, we ought to consider how we can spend our lives to best dismantle the barriers that limit our life choices. (shrink)

Purpose. The research is aimed at determining the influence of negative ethical emotions on social life and the activity of the individual, which involves solving the following problems: a) to find out approaches to the typology of ethical emotions, b) to highlight individual negative ethical emotions and to determine their ability to influence human behaviour. Theoretical basis. The theoretical and methodological basis of the research is the recognition of the significant influence of negative emotions on human activity in society. In (...) this regard, it is proposed to consider them as a complex multidisciplinary phenomenon, which is predetermined by both social and personal factors of origin and has a certain specificity of objectification. Originality. The authors determined that in addition to destructive effects on a person of negative emotions, they can also have a constructive effect on person’s behaviour, due primarily to the fact that a person does not want to experience these emotions and therefore tries to avoid situations they cause. Conclusions. The ethical emotions of guilt, embarrassment, anger, disgust and contempt can affect, through the cognitive aspect of the emotional process, the decision-making process of people when they predict situations in which they risk to feel such emotions. So the emotion of guilt creates a constructive setup aimed at correcting inappropriate social norms of human behaviour. The emotion of embarrassment motivates a person to behave more benevolently in society in order to integrate in it and get its approval, thus encouraging the person to adhere to social and moral agreements and norms. The emotion of anger motivates a person to act to eliminate injustice, herewith not only in relation to himself, but also in relation to others. Rejecting those people who cause moral and social aversion, society creates a system of punishments and rewards that acts as a strong deterrent to the socio-cultural behaviour. The emotion of contempt performs the function of preventing punishment in relation to the despised individual. (shrink)

How may nations protect their interests in space if its fragility makes military operations there self-defeating? This essay claims nations are in Prisoners Dilemmas on the matter, and applies David Gauthier’s theories about how it is rational to behave morally—cooperatively—in such dilemmas. Currently space-faring nations should i) enter into co-operative space sharing arrangements with other rational nations, ii) exclude—militarily, but with only terrestrial force—nations irrational or existentially opposed to other nations being in space, and iii) incentivize all nations into co-operation (...) by redistributing some space-generated wealth to nations that might otherwise ruin space. Further, since all nations are rationally incentivized to ever greater dependence on space, and since each, by threatening space, can hold hostage its benefits to all, each can demand resolution of terrestrial discontents with other nations. So each has a rational interest in treating others morally both in space and on terrestrial issues. (shrink)

In some jurisdictions, the institutions of criminal justice may subject individuals who have committed crimes to preventive detention. By this, I mean detention of criminal offenders (i) who have already been punished to (or beyond) the point that no further punishment can be justified on general deterrent, retributive, restitutory, communicative or other backwardlooking grounds, (ii) for preventive purposes—that is, for the purposes of preventing the detained individual from engaging in further criminal or otherwise socially costly conduct. Preventive detention, thus understood, (...) shares many features with the quarantine measures sometimes employed in the context of infectious disease control. Both interventions involve imposing (usually severe) constraints on freedom of movement and association. Both interventions are standardly undeserved: in quarantine, the detained individual deserves no detention (or so I will, for the moment, assume), and in preventive detention, the individual has already endured any detention that can be justified by reference to desert. Both interventions are, in contrast to civil commitment under mental health legislation, normally imposed on more-or-less fully autonomous individuals. And both interventions are intended to reduce the risk that the constrained individual poses to the public. Yet despite these similarities, preventive detention and quarantine have received rather different moral report cards. (shrink)

ABSTRACTCurrent evolutionary models of revenge focus on its complex deterrent functions. Nevertheless, there are some retaliatory behaviors in nonhuman animals that do not appear to have a deterren...

In the dissertation, I consider the permissibility of a familiar set of responses to wrongdoing in our interpersonal relationships—those responses that constitute the imposition of some cost upon the wrongdoer. Some of these responses are, I argue, properly considered punishing, and some of these instances of punishing are in turn permissible. Punishment as I understand it is a broad phenomenon, common in and to all human relationships, and not exclusively or even primarily the domain of the state. Personal interactions expressive (...) of wrong-reactive attitudes like disappointment, anger, and guilt will sometimes constitute punishment so understood. I consider childhood punishment, self-punishment, and punishment between friends, concluding that punishment in the context of our personal relationships may sometimes be appropriate where undertaken not for the sake of deterrence nor of retributive justice, but for the sake of the aims constitutive of the relationship in which it occurs. (shrink)

In this public debate with Philippe Deterre (research director in immunology at the CNRS) – held at l'Enclos Rey in Paris' 15th district during the biennial Conference of the Réseau Blaise Pascal in March 2017 –, I defended the usefulness of natural theology. I first clarify theology's nature and understanding, then I speak about a tradition that upheld the public and exterior knowledge of God, and make an effort to show the presence of a theme reminiscent of natural theology behind (...) attempts at the good life. I then ask whether natural theology would only exist for the Christian. In the reply to my opponent's own reaction, I insist on the incongruity of separating our knowledge of God from our knowledge of science's wonderful discoveries, I ask whether nature could be said to be crafty and "ingenious," and I conclude by building a case for the return of God in public conversation, as part of an effort that our world needs in terms of finding back its compass, and restoring an ideal of living rationally. (shrink)

When it comes to how to hold people responsible for wrongdoing, much of the African philosophical tradition focuses on reconciliation as a final aim. This essay expounds an interpretation of reconciliation meant to have broad appeal, and then draws out its implications for responsibility in respect to three matters. First, when it comes to criminal justice, prizing reconciliation entails that offenders should be held responsible to “clean up their own mess,” i.e., to reform their characters and compensate victims in ways (...) they find burdensome, an approach to punishment that differs from deterrence and desert theories. Second, regarding civil justice, reconciliation means that holding responsible to compensate wrongful harm means improving victims’ quality of life in ways they accept, which contrasts with a common prescription to put victims in the condition they would have been in had the wrong not occurred. Third, reconciliation can involve putting on trial more than just the direct offender, for instance family members who had been able to influence his behavior and were allied with him. The chapter provides reason to take the reconciliatory approaches seriously that will be found prima facie attractive by those from a variety of backgrounds. (shrink)

Revista Intelligence Info este o publicație trimestrială din domeniile intelligence, geopolitică și securitate, și domenii conexe de studiu și practică. -/- Cuprins: -/- EDITORIALE / EDITORIALS -/- Tiberiu TĂNASE Considerații privind necesitatea educării și formării resursei umane pentru intelligence–ul național Considerations regarding the need to educate and train human resources for national intelligence Nicolae SFETCU Epistemologia activității de intelligence Epistemology of intelligence Nicolae SFETCU Rolul serviciilor de informații în război The role of the intelligence agencies in a war Nicolae SFETCU (...) Evoluția inteligenței artificiale în domeniul securității naționale The evolution of artificial intelligence in the field of national security -/- INTELLIGENCE / INTELLIGENCE -/- Ovidiu BOUREANU O scurtă istorie a spionajului: spionajul modern de la Războiul Rece la Războiul împotriva terorii A Brief History of the Spy: Modern Spying from the Cold War to the War on Terror Ioana PĂIUȘ, Tiberiu TĂNASE Securitate și informații într-o lume în schimbare Security and intelligence in a changing world Nicolae SFETCU Activitatea de intelligence - Ciclul intelligence Intelligence Activity – Intelligence Cycle Tiberiu TĂNASE Controlul asupra Intelligence –ului Control over Intelligence Tiberiu TĂNASE Informația și nevoia de gestionare a resurselor informaționale Information and the need to manage information resources Tiberiu TĂNASE Controlul parlamentar al serviciilor de informații Parliamentary control of intelligence services Tiberiu TĂNASE Mecanisme de control democratic al activității serviciilor de informații Mechanisms of democratic control of the activity of intelligence agencies Nicolae SFETCU Analiza informațiilor Intelligence Analysis Bogdan-George RĂDULESCU Cum ar trebui să fie utilizată analiza intelligence pentru a contracara războiul cognitiv? How should intelligence analysis be utilized to counter cognitive warfare? -/- ISTORIE / HISTORY -/- Tiberiu TĂNASE Biroul de Informații al Secției Militare din Transilvania și rolul său în campania pentru apărarea României Mari The Intelligence Office of the Transylvanian Military Section and its role in the campaign for the defense of Greater Romania Stan PETRESCU Pacepa, Kuklinski, Pollard și românii Pacepa, Kuklinski, Pollard and the Romanians Tiberiu TĂNASE Contracararea de către SSI a activităților informative și acțiunilor Serviciilor Germane și Sovietice de Informații implicate în evenimentele din 21 - 23 ianuarie 1941 Countering by the SSI of the informational activities and actions of the German and Soviet Intelligence Services involved in the events of January 21-23, 1941 Tiberiu TĂNASE Alexandru Ioan Cuza, fondatorul Intelligence-lui statului modern românesc Alexandru Ioan Cuza, Founder of the Intelligence of the Modern Romanian State Tiberiu TĂNASE, Bogdan MUSCALU Puncte de vedere privind tradițiile romane în istoria intelligence-lui Viewpoints on Roman traditions in history intelligence Tiberiu TĂNASE Istoria Serviciului Român de Informații – serviciu de intelligence competitiv, și strategiile de intelligence History of the Romanian Intelligence Service – competitive intelligence service, and intelligence strategies Rodica LISEANU Reformele serviciilor secrete de la Mihail Moruzov la Eugen Cristescu, între inovație și decadență Secret service reforms from Mihail Moruzov to Eugen Cristescu Rodica LISEANU Take Ionescu – O biografie vectorială în istoria partidelor politice și în semantica diplomației Take Ionescu - A Vectorial Biography in the History of Political Parties and the Semantics of Diplomacy Remus MACOVEI Trădători și trădători Traitors and traitors -/- GEOPOLITICA / GEOPOLITICS -/- Antoaneta AVRAM Pandemia de COVID-19 și consecințele ei în peisajul anului 2022 The COVID-19 pandemic and its consequences in the landscape of 2022 Darius-Antoniu FERENȚ, Ioan MANCI Analiza conflictului ruso-cecen din perspectivă militară Analysis of the Russian-Chechen conflict from a military perspective Lisa-Maria ACHIMESCU Apusul universalismului european The decline of European universalism Emilian M. DOBRESCU Hegemonia chineză în producția de pământuri rare Chinese Hegemony in the Production of Rare Earths Ionuț-Daniel GORGOVAN ”Descurajarea integrată”. Analiză asupra strategiei SUA în Pacific "Integrated deterrence". Analysis of US Pacific Strategy Tiberiu TĂNASE, Violeta Ioana NAGÂȚ Conflictul arabo-israelian. Percepții privind cauzele și natura conflictului. Repere istorice și actualitate The Arab-Israeli conflict. Perceptions of the causes and nature of conflict. Historical landmarks and current affairs -/- SECURITATE / SECURITY -/- Tănase TIBERIU Minighid de pregătire și protecție contrainformativă Counterintelligence preparation and protection mini-guide Darius-Antoniu FERENȚ ISIS - Jocul morții - Martiri, asasinate și fascinație The Killing Game - Martyrdom, Murder and the Lure of ISIS Traian OSTAHIE Abordări generale ale conceptului de cultură de securitate For a 21st century realism Dalia Elena SILAGHI Terorismul cibernetic: o formă contemporană de terorism Cyber Terrorism: A Contemporary Form of Terrorism Paul Alexandru HELER Conflictul asimetric și consecințele sale în securitatea Asiei Asymmetric Conflict and Its Consequences in Asian Security Daria-Maria TÂRNĂVEAN Confruntarea informațională și repercusiunile sale asupra mediului actual de securitate The Information Confrontation and its Repercussions on the Current Security Environment Darius-Antoniu FERENȚ Analiza atacurilor cibernetice, precum APT (Advanced Persistent Threat) și ransomware Analysis of cyber attacks such as APT (Advanced Persistent Threat) and ransomware Daniela Georgiana GOLEA, Oana Ștefania COȘA Nevoia de adaptare managerială a noilor probleme de securitate modernă The need for managerial adaptation to new modern security issues Darius-Antoniu FERENȚ, Corneliu PREJA Implicarea NATO în domeniul apărării cibernetice NATO's involvement in cyber defence Alexandru CRISTIAN Paradigme în mediul internațional de securitate Paradigms in the international security environment Alexandru CRISTIAN Schimbarea paradigmelor în mediul internațional de securitate Changing paradigms in the international security environment Dan D. FARCAȘ Adevăr și dezinformare în fenomenul OZN Truth and disinformation in the UFO phenomenon Alexandru CRISTIAN Un nou mediu de securitate A new security environment -/- ȘTIINȚA INFORMAȚIEI / INFORMATION SCIENCE -/- Oana Ștefania COȘA Rolul structurilor de intelligence medical în atingerea obiectivul de consolidare a sistemului de sănătate The role of medical intelligence structures in achieving the objective of strengthening the health system Nicolae SFETCU Preocupări legislative în mineritul datelor Legislative concerns in data mining Nicolae SFETCU Utilizarea analiticii rețelelor sociale în intelligence Using social network analytics in intelligence Nicolae SFETCU Ingineria cunoașterii în colectarea informațiilor Knowledge Engineering in Intelligence Gathering -/- ISSN 2971 – 9089 ISSN-L 2821 – 8159, DOI: 10.58679/II26972. (shrink)

Whether causing flash crashes in financial markets, purchasing illegal drugs, or running over pedestrians, AI is increasingly engaging in activity that would be criminal for a natural person, or even an artificial person like a corporation. We argue that criminal law falls short in cases where an AI causes certain types of harm and there are no practically or legally identifiable upstream criminal actors. This Article explores potential solutions to this problem, focusing on holding AI directly criminally liable where it (...) is acting autonomously and irreducibly. Conventional wisdom holds that punishing AI is incongruous with basic criminal law principles such as the capacity for culpability and the requirement of a guilty mind. -/- Drawing on analogies to corporate and strict criminal liability, as well as familiar imputation principles, we show how a coherent theoretical case can be constructed for AI punishment. AI punishment could result in general deterrence and expressive benefits, and it need not run afoul of negative limitations such as punishing in excess of culpability. Ultimately, however, punishing AI is not justified, because it might entail significant costs and it would certainly require radical legal changes. Modest changes to existing criminal laws that target persons, together with potentially expanded civil liability, are a better solution to AI crime. (shrink)

In this chapter I use virtue theory to critique certain contemporary punishment practices. From the perspective of virtue theory, respect for rational agency indicates a respect for choice-making as the process by which we form dispositions which in turn give rise to further choices and action. To be a moral agent one must be able to act such that his or her actions deserve praise or blame; virtue theory thus demands that moral agents engage in rational choice-making as a means (...) to develop and exercise the character traits from which culpable action issues. With respect to criminal offenders, virtue theory indicates the state is obligated to recognize offenders’ right to form their own moral character via rational choice-making, even while under state supervision. I will argue below that punishment practices should limit choice-making only to the extent necessary to achieve the functions of punishment : whenever possible, punishment should preserve opportunities for the rational exercise of character and development of virtue. This means that even within a prison setting incarcerated offenders should be able to make some choices about their daily lives. Offenders should also be offered opportunities to develop virtuous traits through rehabilitative programming such as drug addiction treatment, educational programming, and job training. I will also argue that two contemporary punishment practices unjustly undermine an offender’s moral agency. The first is the overuse of isolation sanctions, which very severely limits offender choice-making. The second is chemical castration, which results in limiting an offender’s capacity to develop his character within a specific realm of choice-making. I conclude that these two punishments violate offenders’ moral agency, and that this violation cannot be justified by appeal to the aims of incapacitation, deterrence, retribution, and rehabilitation. (shrink)

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 defense (...) of physician involvement in capital punishment. (shrink)

Like asteroids, hundred-year floods and pandemic disease, thermonuclear war is a low-frequency, high-impact threat. In the long run, catastrophe is inevitable if nothing is done − yet each successive government and generation may fail to address it. Drawing on risk perception research, this paper argues that psychological biases cause the threat of nuclear war to receive less attention than it deserves. Nuclear deterrence is, moreover, a ‘front-loaded good’: its benefits accrue disproportionately to proximate generations, whereas much of the expected (...) cost will be borne in the distant future. Recent surveys indicate that the US and Russian publics assign a surprisingly high likelihood to nuclear war. Nevertheless, earlier research suggests that it is probably not believed to be just around the corner. This, along with the absence of easy solutions, encourages governments and publics to give priority to more pressing concerns. The danger is that the pattern will continue clear up to the point that nuclear war arrives. (shrink)

Consider the reaction of Trayvon Martin’s family to the jury verdict. They were devastated that George Zimmerman, the defendant, was found not guilty of manslaughter or murder. Whatever the merits of this outcome, what does the Martin family’s emotional reaction mean? What does it say about criminal punishment – especially the reasons why we punish? Why did the Martin family want to see George Zimmerman go to jail? And why were – and are – they so upset that he didn’t? (...) -/- This Article will argue for three points. First, what fuels this kind of outrage is vengeance: the desire to see defendants like George Zimmerman be forced to “pay” for the harms that they needlessly and culpably inflict on others. While this point may seem obvious, it isn’t. Most people repudiate revenge and therefore the notion that it plays any role in the criminal justice system. -/- Second, this attitude toward revenge is misguided and needs to change. We need to recognize that vengeance not only does but should play a significant role in motivating criminal punishment. Our vengeful reactions to harmful crimes are not ugly or shameful; on the contrary, they manifest a deep valuation of victims and a bitter denunciation of individuals who actively renounce this valuation through their criminal behavior. -/- Third, these two points have significant implications for the two main theories of criminal punishment: “retributivism,” which says that criminals should be punished in order to give them their “just deserts,” and “consequentialism,” which says that criminals should be punished in order to bring about such good consequences as deterrence, incapacitation, and rehabilitation. Traditionally, these two theories have been at war with one another. But I will show how recognizing revenge as a motivation and justification for punishment can help to end this war and bring these two theories together. (shrink)