Results for 'punishment'

310 found
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  1. Punishment and Responsibility: Essays in the Philosophy of Law.H. L. A. Hart - 1968 - Oxford University Press.
    This classic collection of essays, first published in 1968, represents H.L.A. Hart's landmark contribution to the philosophy of criminal responsibility and punishment. Unavailable for ten years, this new edition reproduces the original text, adding a new critical introduction by John Gardner, a leading contemporary criminal law theorist.
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  2. From Punishment to Universalism.David Rose & Shaun Nichols - 2019 - Mind and Language 34 (1):59-72.
    Many philosophers have claimed that the folk endorse moral universalism. Some have taken the folk view to support moral universalism; others have taken the folk view to reflect a deep confusion. And while some empirical evidence supports the claim that the folk endorse moral universalism, this work has uncovered intra-domain differences in folk judgments of moral universalism. In light of all this, our question is: why do the folk endorse moral universalism? Our hypothesis is that folk judgments of moral universalism (...)
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  3. Persons, Punishment, and Free Will Skepticism.Benjamin Vilhauer - 2013 - Philosophical Studies 162 (2):143-163.
    The purpose of this paper is to provide a justification of punishment which can be endorsed by free will skeptics, and which can also be defended against the "using persons as mere means" objection. Free will skeptics must reject retributivism, that is, the view that punishment is just because criminals deserve to suffer based on their actions. Retributivists often claim that theirs is the only justification on which punishment is constrained by desert, and suppose that non-retributive justifications (...)
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  4. Punishment, Forgiveness and Reconciliation.Bill Wringe - 2016 - Philosophia 44 (4):1099-1124.
    It is sometimes thought that the normative justification for responding to large-scale violations of human rights via the judicial appararatus of trial and punishment is undermined by the desirability of reconciliation between conflicting parties as part of the process of conflict resolution. I take there to be philosophical, as well as practical and psychological issues involved here: on some conceptions of punishment and reconciliation, the attitudes that they involve conflict with one another on rational grounds. But I shall (...)
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  5. Punishment and Forgiveness.Justin Tosi & Brandon Warmke - 2017 - In Jonathan Jacobs & Jonathan Jackson (eds.), The Routledge Handbook of Criminal Justice Ethics. Routledge. pp. 203-216.
    In this paper we explore the relationship between forgiving and punishment. We set out a number of arguments for the claim that if one forgives a wrongdoer, one should not punish her. We then argue that none of these arguments is persuasive. We conclude by reflecting on the possibility of institutional forgiveness in the criminal justice setting and on the differences between forgiveness and acts of mercy.
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  6. Punishment and Psychology in Plato’s Gorgias.J. Clerk Shaw - 2015 - Polis 32 (1):75-95.
    In the Gorgias, Socrates argues that just punishment, though painful, benefits the unjust person by removing injustice from her soul. This paper argues that Socrates thinks the true judge (i) will never use corporal punishment, because such procedures do not remove injustice from the soul; (ii) will use refutations and rebukes as punishments that reveal and focus attention on psychological disorder (= injustice); and (iii) will use confiscation, exile, and death to remove external goods that facilitate unjust action.
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  7. Punishment, Compensation, and Law: A Theory of Enforceability.Mark R. Reiff - 2005 - Cambridge University Press.
    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 (...)
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  8. Hard-Incompatibilist Existentialism: Neuroscience, Punishment, and Meaning in Life.Derk Pereboom & Gregg D. Caruso - 2018 - In Gregg D. Caruso & Owen Flanagan (eds.), Neuroexistentialism: Meaning, Morals, and Purpose in the Age of Neuroscience. Oxford University Press.
    As philosophical and scientific arguments for free will skepticism continue to gain traction, we are likely to see a fundamental shift in the way people think about free will and moral responsibility. Such shifts raise important practical and existential concerns: What if we came to disbelieve in free will? What would this mean for our interpersonal relationships, society, morality, meaning, and the law? What would it do to our standing as human beings? Would it cause nihilism and despair as some (...)
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  9. Punishment and Justice.Jules Holroyd - 2010 - Social Theory and Practice 36 (1):78-111.
    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 (...)
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  10. Rethinking Expressive Theories of Punishment: Why Denunciation is a Better Bet Than Communication or Pure Expression.Bill Wringe - 2017 - Philosophical Studies 174 (3):681-708.
    Many philosophers hold that punishment has an expressive dimension. Advocates of expressive theories have different views about what makes punishment expressive, what kinds of mental states and what kinds of claims are, or legitimately can be expressed in punishment, and to what kind of audience or recipients, if any, punishment might express whatever it expresses. I shall argue that in order to assess the plausibility of an expressivist approach to justifying punishment we need to pay (...)
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  11. Privacy and Punishment.Mark Tunick - 2013 - Social Theory and Practice 39 (4):643-668.
    Philosophers have focused on why privacy is of value to innocent people with nothing to hide. I argue that for people who do have something to hide, such as a past crime, or bad behavior in a public place, informational privacy can be important for avoiding undeserved or disproportionate non-legal punishment. Against the objection that one cannot expect privacy in public facts, I argue that I might have a legitimate privacy interest in public facts that are not readily accessible, (...)
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  12. Buddhism, Free Will, and Punishment: Taking Buddhist Ethics Seriously.Gregg D. Caruso - 2020 - Zygon 55 (2):474-496.
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  13. Punishment in the Executive Suite: Moral Responsibility, Causal Responsibility, and Financial Crime.Mark R. Reiff - 2017 - In Lisa Herzog (ed.), Just Financial Markets? Finance in a Just Society. Oxford: Oxford University Press. pp. 125-153.
    Despite the enormity of the financial losses flowing from the 2008 financial crisis and the outrageousness of the conduct that led up to it, almost no individual involved has been prosecuted for criminal conduct, much less actually gone to prison. What this chapter argues is that the failure to punish those in management for their role in this misconduct stems from a misunderstanding of the need to prove that they personally knew of this wrongdoing and harbored an intent to defraud. (...)
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  14. Justice without Retribution: An Epistemic Argument against Retributive Criminal Punishment.Gregg D. Caruso - 2020 - Neuroethics 13 (1):13-28.
    Within the United States, the most prominent justification for criminal punishment is retributivism. This retributivist justification for punishment maintains that punishment of a wrongdoer is justified for the reason that she deserves something bad to happen to her just because she has knowingly done wrong—this could include pain, deprivation, or death. For the retributivist, it is the basic desert attached to the criminal’s immoral action alone that provides the justification for punishment. This means that the retributivist (...)
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  15. Hate and Punishment.Antti Kauppinen - 2014 - Journal of Interpersonal Violence:1-19.
    According to legal expressivism, neither crime nor punishment consists merely in intentionally imposing some kind of harm on another. Crime and punishment also have an expressive aspect. They are what they are in part because they enact attitudes toward others—in the case of crime, some kind of disrespect, at least, and in the case of punishment, society’s condemnation or reprobation. Punishment is justified, at least in part, because (and when) it uniquely expresses fitting condemnation or other (...)
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  16. Perp Walks as Punishment.Bill Wringe - 2015 - Ethical Theory and Moral Practice 18 (3):615-629.
    When Dominique Strauss-Kahn, then head of the IMF, was arrested on charges of sexual assault arising from events that were alleged to have occurred during his stay in an up-market hotel in New York, a sizeable portion of French public opinion was outraged - not by the possibility that a well-connected and widely-admired politician had assaulted an immigrant hotel worker, but by the way in which the accused had been treated by the American authorities. I shall argue that in one (...)
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  17. Punishment and Psychopathy: A Case-Control Functional MRI Investigation of Reinforcement Learning in Violent Antisocial Personality Disordered Men.Sarah Gregory, R. James Blair, Dominic Ffytche, Andrew Simmons, Veena Kumari, Sheilagh Hodgins & Nigel Blackwood - 2014 - Lancet Psychiatry 2:153–160.
    Background Men with antisocial personality disorder show lifelong abnormalities in adaptive decision making guided by the weighing up of reward and punishment information. Among men with antisocial personality disorder, modifi cation of the behaviour of those with additional diagnoses of psychopathy seems particularly resistant to punishment. Methods We did a case-control functional MRI (fMRI) study in 50 men, of whom 12 were violent off enders with antisocial personality disorder and psychopathy, 20 were violent off enders with antisocial personality (...)
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  18. Kant on Capital Punishment and Suicide.Attila Ataner - 2006 - Kant-Studien 97 (4):452-482.
    From a juridical standpoint, Kant ardently upholds the state's right to impose the death penalty in accordance with the law of retribution. At the same time, from an ethical standpoint, Kant maintains a strict proscription against suicide. The author proposes that this latter position is inconsistent with and undercuts the former. However, Kant's division between external (juridical) and internal (moral) lawgiving is an obstacle to any argument against Kant's endorsement of capital punishment based on his own disapprobation of suicide. (...)
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  19.  70
    The Nature of Punishment: Reply to Wringe.Nathan Hanna - 2017 - Ethical Theory and Moral Practice 20 (5):969-976.
    Many philosophers think that an agent punishes a subject only if the agent aims to harm the subject. Bill Wringe has recently argued against this claim. I show that his arguments fail.
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  20. The Irrevocability of Capital Punishment.Benjamin S. Yost - 2011 - Journal of Social Philosophy 42 (3):321-340.
    One of the many arguments against capital punishment is that execution is irrevocable. At its most simple, the argument has three premises. First, legal institutions should abolish penalties that do not admit correction of error, unless there are no alternative penalties. Second, irrevocable penalties are those that do not admit of correction. Third, execution is irrevocable. It follows that capital punishment should be abolished. This paper argues for the third premise. One might think that the truth of this (...)
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  21. Contractualism and Punishment.Hon-Lam Li - 2015 - Criminal Justice Ethics 34 (2):177-209.
    T. M. Scanlon’s contractualism is a meta-ethical theory that explains moral motivation and also provides a conception of how to carry out moral deliberation. It supports non-consequentialism – the theory that both consequences and deontological considerations are morally significant in moral deliberation. Regarding the issue of punishment, non-consequentialism allows us to take account of the need for deterrence as well as principles of fairness, justice, and even desert. Moreover, Scanlonian contractualism accounts for permissibility in terms of justifiability: An act (...)
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  22. Race, Capital Punishment, and the Cost of Murder.M. Cholbi - 2006 - Philosophical Studies 127 (2):255-282.
    Numerous studies indicate that racial minorities are both more likely to be executed for murder and that those who murder them are less likely to be executed than if they murder whites. Death penalty opponents have long attempted to use these studies to argue for a moratorium on capital punishment. Whatever the merits of such arguments, they overlook the fact that such discrimination alters the costs of murder; racial discrimination imposes higher costs on minorities for murdering through tougher sentences, (...)
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  23. The Passions of Punishment.Nathan Hanna - 2009 - Pacific Philosophical Quarterly 90 (2):232-250.
    I criticize an increasingly popular set of arguments for the justifiability of punishment. Some philosophers try to justify punishment by appealing to what Peter Strawson calls the reactive attitudes – emotions like resentment, indignation, remorse and guilt. These arguments fail. The view that these emotions commit us to punishment rests on unsophisticated views of punishment and of these emotions and their associated behaviors. I offer more sophisticated accounts of punishment, of these emotions and of their (...)
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  24. Republican Theory and Criminal Punishment.Philip Pettit - 1997 - Utilitas 9 (1):59.
    Suppose we embrace the republican ideal of freedom as non-domination: freedom as immunity to arbitrary interference. In that case those acts that call uncontroversially for criminalization will usually be objectionable on three grounds: the offender assumes a dominating position in relation to the victim, the offender reduces the range or ease of undominated choice on the part of the victim, and the offender raises a spectre of domination for others like the victim. And in that case, so it appears, the (...)
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  25.  48
    Legal Punishment.Thaddeus Metz - 2004 - In Christopher Roederer & Darrel Moellendorf (eds.), Jurisprudence. Juta. pp. 555-87.
    We seek to outline philosophical answers to the questions of why punish, whom to punish and how much to punish, with illustrations from the South African legal system. We begin by examining the differences between forward- and backward-looking moral theories of legal punishment, their strengths and also their weaknesses. Then, we ascertain to which theory, if any, contemporary South Africa largely conforms. Finally, we discuss several matters of controversy in South Africa in the context of forward- and backward-looking theories, (...)
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  26. The Consent Solution to Punishment and the Explicit Denial Objection.Miroslav Imbrisevic - 2010 - Theoria: Revista de Teoría, Historia y Fundamentos de la Ciencia 25 (2):211-224.
    Recently, David Boonin has put forward several objections to Carlos S. Nino's 'Consensual Theory of Punishment'. In this paper I will defend Nino against the 'explicit denial objection'. I will discuss whether Boonin's interpretation of Nino as a tacit consent theorist is right. I will argue that the offender's consent is neither tacit nor express, but a special category of implicit consent. Further, for Nino the legal-normative consequences of an act (of crime) are 'irrevocable', i.e. one cannot (expressly and (...)
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  27.  99
    Leibniz on Eternal Punishment.Lloyd Strickland - 2009 - British Journal for the History of Philosophy 17 (2):307-331.
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  28. Hume on Responsibility and Punishment.Paul Russell - 1990 - Canadian Journal of Philosophy 20 (4):539 - 563.
    In this paper I pursue two closely related objectives. First, I articulate and describe the nature and character of Hume's theory of punishment. Second, in light of this account, I offer an assessment of the contem- porary interest and value of Hume's theory. Throughout my discus- sion I emphasize the relevance and importance of Hume's views on moral responsibility to his account of punishment.1 More specifically, I argue that Hume seeks to develop an account of punishment on (...)
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  29. Punishing Cruelly: Punishment, Cruelty, and Mercy.Paulo D. Barrozo - 2008 - Criminal Law and Philosophy 2 (1):67-84.
    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 (...)
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  30. Buddhism, Punishment, and Reconciliation.Charles K. Fink - 2012 - Journal of Buddhist Ethics 19:369-395.
    One important foundation of Buddhist ethics is a commitment to nonviolence. My aim in this paper is to work out the implications of this commitment with regard to the treatment of offenders. Given that punishment involves the intentional infliction of harm, I argue that the practice of punishment is incompatible with the principle of nonviolence. The core moral teaching of the Buddha is to conquer evil with goodness, and it is reconciliation, rather than punishment, that conforms to (...)
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  31.  31
    Punishment and Crime.Ross Harrison & R. A. Duff - 1988 - Proceedings of the Aristotelian Society, Supplementary Volumes( 62:139-167.
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  32.  99
    Punishment (an Introductory Socratic Dialogue).Brent Silby - manuscript
    In this modern Socratic dialogue, Socrates discusses the nature of punishment with a friend who believes that criminals are dealt with too softly. Socrates argues that retributive punishment is unjust.
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  33. Deterrent Punishment in Utilitarianism.Steven Sverdlik - manuscript
    This is a presentation of the utilitarian approach to punishment. It is meant for students. 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.
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  34.  63
    Punishment, Judges and Jesters: A Reply to Nathan Hanna.Bill Wringe - forthcoming - Ethical Theory and Moral Practice.
    Nathan Hanna has recently addressed a claim central to my 2013 article ‘Must Punishment Be Intended to Cause Suffering’ and to the second chapter of my 2016 book An Expressive Theory of Punishment: namely, that punishment need not involve an intention to cause suffering. -/- Hanna defends what he calls the ‘Aim To Harm Requirement’ (AHR), which he formulates as follows. AHR: ‘an agent punishes a subject only if the agent intends to harm the subject’ (Hanna 2017 (...)
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  35. Punishment, Desert, and Equality: A Levinasian Analysis.Benjamin S. Yost - 2015 - In Lisa Guenther, Geoffrey Adelsberg & Zeman Scott (eds.), Death and Other Penalties: Philosophy in a Time of Mass Incarceration. Fordham UP.
    The first part of this chapter defends the claim that the over-incarceration of disadvantaged social groups is unjust. Many arguments for penal reform are based on the unequal distribution of punishment, most notably disproportionate punishment of the poor and people of color. However, some philosophers use a noncomparative conception of desert to argue that the justice of punishment is independent of its distribution. On this view, which has significant influence in 14th Amendment jurisprudence, unequal punishment is (...)
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  36. A Conditional Defense of Shame and Shame Punishment.Erick Jose Ramirez - 2017 - Symposion: Theoretical and Applied Inquiries in Philosophy and Social Sciences 4 (1):77-95.
    This paper makes two essential claims about the nature of shame and shame punishment. I argue that, if we properly understand the nature of shame, that it is sometimes justifiable to shame others in the context of a pluralistic multicultural society. I begin by assessing the accounts of shame provided by Cheshire Calhoun (2004) and Julien Deonna, Raffaele Rodogno, & Fabrice Teroni (2012). I argue that both views have problems. I defend a theory of shame and embarrassment that connects (...)
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  37. Liberalism and the General Justifiability of Punishment.Nathan Hanna - 2009 - Philosophical Studies 145 (3):325-349.
    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 (...)
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  38. The Rights of the Guilty: Punishment and Political Legitimacy.Corey Brettschneider - 2007 - Political Theory 35 (2):175-199.
    In this essay I develop and defend a theory of state punishment within a wider conception of political legitimacy. While many moral theories of punishment focus on what is deserved by criminals, I theorize punishment within the specific context of the state's relationship to its citizens. Central to my account is Rawls's “liberal principle of legitimacy,” which requires that all state coercion be justifiable to all citizens. I extend this idea to the justification of political coercion to (...)
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  39. Rescuing Fair-Play as a Justification for Punishment.Matt K. Stichter - 2010 - Res Publica 16 (1):73-81.
    The debate over whether ‘fair-play’ can serve as a justification for legal punishment has recently resumed with an exchange between Richard Dagger and Antony Duff. According to the fair-play theorist, criminals deserve punishment for breaking the law because in so doing the criminal upsets a fair distribution of benefits and burdens, and punishment rectifies this unfairness. Critics frequently level two charges against this idea. The first is that it often gives the wrong explanation of what makes crime (...)
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  40. Justifying Punishment: The Educative Approach as Presumptive Favorite.Dan Demetriou - 2012 - Criminal Justice Ethics 31 (1):2-18.
    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 (...) 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)
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  41.  31
    Justifying Punishment in Intercultural Contexts: Whose Norms? Which Values?Duncan Ivison - 1999 - In Matt Matravers (ed.), Punishment and Political Theory. Oxford, UK: pp. 88-107.
    An exploration of RA Duff's 'communicative theory of punishment' in contexts of deep legal and cultural pluralism.
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  42. Should We Aim for a Unified and Coherent Theory of Punishment?: Thom Brooks: Punishment. Routledge, New York, 2012, 282 Pp., ISBN 978-0-415-43181-1, 978-0-415-43182-8.Mark Tunick - 2016 - Criminal Law and Philosophy 10 (3):611-628.
    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 (...)
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  43.  51
    Punishment and the Subordination of Law to Morality.John H. Bogart - 1987 - Oxford Journal of Legal Studies 7 (3):421-443.
    Arguments over criminalization and decriminalization often focus on the moral status of conduct, which is thought to be especially important to determining the appropriate legal status of the conduct. If the conduct is not thought to be immoral (or seriously immoral}, that is enough to show that it does not properly fall within the realm of control of the criminal law. Arguments relying on such a strategy may be termed moralized arguments. This article focuses on a crucial element of that (...)
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  44. A New Societal Self-Defense Theory of Punishment—The Rights-Protection Theory.Hsin-Wen Lee - 2018 - Philosophia 46 (2):337-353.
    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 (...)
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  45. Capital Punishment.Mark Tunick - 2006 - In James Ciment (ed.), Social Issues in America: An Encyclopedia. Sharpe Reference. pp. 270-86.
    Reviews the history of the death penalty, traditional arguments for and against it, the contemporary debate including debates over whether it effectively deters, its constitutionality, and international trends in its use.
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  46. Preferring Punishment of Criminals Over Provisions for Victims.Roger Wertheimer - 1991 - In D. Sank & D. Caplan (eds.), To Be a Victim. Plenum.
    Victims of crime have long been victimized by our criminal justice system. Why? And why has the movement to rectify this been so late coming?
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  47. Does Communicative Retributivism Necessarily Negate Capital Punishment?Jimmy Chia-Shin Hsu - 2015 - Criminal Law and Philosophy 9 (4):603-617.
    Does communicative retributivism necessarily negate capital punishment? My answer is no. I argue that there is a place, though a very limited and unsettled one, for capital punishment within the theoretical vision of communicative retributivism. The death penalty, when reserved for extravagantly evil murderers for the most heinous crimes, is justifiable by communicative retributive ideals. I argue that punishment as censure is a response to the preceding message sent by the offender through his criminal act. The gravity (...)
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  48. Punishment and the Rebalancing of Status.Gerald Lang - 2014 - Philosophy and Public Issues - Filosofia E Questioni Pubbliche 4 (3):53-67.
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  49. It’s Only Natural: Legal Punishment and the Natural Right to Punish.Nathan Hanna - 2012 - Social Theory and Practice 38 (4):598-616.
    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 (...)
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  50. Virtue Ethics and Criminal Punishment.Katrina Sifferd - 2016 - In Jon Webber & Alberto Masala (eds.), From Personality to Virtue. Oxford University Press.
    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 (...)
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