In this paper, we offer a defense of non-punitive measures as morally justified responses to crime within a framework of society as a fair system of cooperation among free and equal individuals. Our argument proceeds in three steps. First, we elaborate on the premises of our argument: we situate criminal acts within a model of society as a fair system of cooperation, identify the types of unfair disadvantages crimes bring about, and consider the social aim of the criminal justice system. (...) Next, we reject the claim defended by fair-play retributivists that fairness considerations make punishment a necessary response to criminal acts. In the last step, we demonstrate that it is rather non-punitive responses to crime that are warranted under the principle of fairness and, as such, are morally justified. We conclude the paper by rejecting two possible objections to our defense: the “responsibility gap” and the “victims’ claim to justice” objections. (shrink)

This volume explores the state of literary theory today, decades after the repeatedly proclaimed end of theory. It builds on the idea that theory is historically constituted as it is “always becoming something else” as Leslie Fiedler claimed in the 1950s, arguing that the historical constitution of theory relies on theory’s procedural nature. In order to assess theory’s procedural challenge to the fundamental notions that all the disciplines within an episteme have brought to the fore, it addresses these questions: What (...) are the procedures theory has relied on? Are they a secret to its resistance, or is resistance its primary procedure? And if so, a resistance to what? Secondly, if resistance were theory’s principal vehicle, at which point does resistance, conceptualized only procedurally (as resisting something, questioning anything, criticizing whatever), display hallmarks of a disciplinary closure that must call for new resistances, and perhaps for a fundamentally another kind? The book turns to what theory does in order to avoid a partial answer to what theory is. (shrink)

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

Trata-se de uma resenha de: PERICÁS, Luiz Bernardo. Caio Prado Júnior - uma biografia política..