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Siblings:History/traditions: Punishment

467 found
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  1. How Much Punishment Is Deserved: Two Alternatives to Proportionality.Thaddeus Metz - manuscript
    When it comes to the question of how much the state ought to punish a given offender, the standard understanding of the desert theory for centuries has been that it should give him a penalty proportionate to his offense, that is, an amount of punishment that fits the severity of his crime. In this article, I maintain that a desert theorist is not conceptually or otherwise required to hold a proportionality requirement. I show that there is logical space for at (...)
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  2. The Law From Wergild to the Postmodern: Thinking of Restorative Justice.Chatterjee Subhasis Chattopadhyay - manuscript
    This is part of a proposed monograph on the Law, and jurisprudence and is to be used for understanding punishment through wergild to the early Modern and to even the post-modern. The paper is just a draft and in the future will be published as a monograph.
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  3. Learning to Discriminate: The Perfect Proxy Problem in Artificially Intelligent Criminal Sentencing.Benjamin Davies & Thomas Douglas - forthcoming - In Jesper Ryberg & Julian V. Roberts (eds.), Sentencing and Artificial Intelligence. Oxford: Oxford University Press.
    It is often thought that traditional recidivism prediction tools used in criminal sentencing, though biased in many ways, can straightforwardly avoid one particularly pernicious type of bias: direct racial discrimination. They can avoid this by excluding race from the list of variables employed to predict recidivism. A similar approach could be taken to the design of newer, machine learning-based (ML) tools for predicting recidivism: information about race could be withheld from the ML tool during its training phase, ensuring that the (...)
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  4. Language Shapes Children’s Attitudes: Consequences of Internal, Behavioral, and Societal Information in Punitive and Non-Punitive Contexts.James Dunlea & Larisa Heiphetz - forthcoming - Journal of Experimental Psychology: General.
    Research has probed the consequences of providing people with different types of information regarding why a person possesses a certain characteristic. However, this work has largely examined the consequences of different information subsets (e.g., information focusing on internal versus societal causes). Less work has compared several types of information within the same paradigm. Using the legal system as an example domain, we provided children (N=198 6- to 8-year-olds) with several types of information—including information highlighting internal moral character, internal biological factors, (...)
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  5. Children's and Adults' Views of Punishment as a Path to Redemption.James Dunlea & Larisa Heiphetz - forthcoming - Child Development.
    The current work investigated the extent to which children (N=171 6- to 8-year-olds) and adults (N = 94) view punishment as redemptive. In Study 1, children—but not adults—reported that “mean” individuals became “nicer” after one severe form of punishment (incarceration). Moreover, adults expected “nice” individuals’ moral character to worsen following punishment; however, we did not find that children expected such a change. Study 2 extended these findings by showing that children view “mean” individuals as becoming “nicer” following both severe (incarceration) (...)
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  6. The Real-Life Issue of Prepunishment.Preston Greene - forthcoming - Social Theory and Practice.
    When someone is prepunished, they are punished for a predicted crime they will or would commit. I argue that cases of prepunishment universally assumed to be merely hypothetical—including those in Philip K. Dick’s “The Minority Report”— are equivalent to some instances of the real-life punishment of attempt offenses. This conclusion puts pressure in two directions. If prepunishment is morally impermissible, as philosophers argue, then this calls for amendments to criminal justice theory and practice. At the same time, if prepunishment is (...)
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  7. Punitive Intent.Nathan Hanna - forthcoming - Philosophical Studies.
    Most punishment theorists seem to accept the following claim: punishment is intended to harm the punishee. A significant minority of punishment theorists reject the claim, though. I defend the claim from objections, focusing mostly on recent objections that haven’t gotten much attention. My objective is to reinforce the already strong case for the intentions claim. I first clarify what advocates of the intentions claim mean by it and state the standard argument for it. Then I critically discuss a wide variety (...)
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  8. Mitä merkitystä rangaistuksella on?Antti Kauppinen - forthcoming - In Rikoksen ja rangaistuksen filosofia.
    On varsin yleisesti hyväksyttyä, että rangaistuksen ilmaisullinen tehtävä - eli se, että se ilmaisee yhteisön paheksuntaa - on yksi sen ominaispiirre. Viime aikoina on kuitenkin esitetty myös kunnianhimoisempia väitteitä siitä, että rangaistuksen voisi oikeuttaa sen ilmaisullisella tehtävällä. Nämä näkemykset ovat myös saaneet runsaasti kritiikkiä. Tässä esseessä kehittelen aiemmin muotoilemaani versiota ekspressiivisestä rangaistusteoriasta, jonka mukaan asenteiden toiminnallinen ilmaisu rankaisemalla on oikeutettua siksi, että muuten rikoksen uhrilla ei ole hänelle kuuluvaa oikeudenhaltijan statusta. Jos ihmisen oikeuksia voi loukata rangaistuksetta, ne jäävät moraaliseksi ihanteeksi (...)
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  9. The Proper Role of Economic Goods in Effecting National Reconciliation: Comparing Colombia and South Africa.Thaddeus Metz - forthcoming - In David Bilchitz & Raisa Cachalia (eds.), Transitional and Distributive Justice in Transformative Constitutionalism: Comparing Colombia and South Africa.
    Scholars have compared the transitional justice processes of Colombia and South Africa in some respects, but there has yet to be a systematic moral-philosophical evaluation of them and specifically regarding the way they have sought to allocate economic goods. In this essay, I appraise the ways that South Africa and of Colombia have responded to their respective historical conflicts in respect of the distribution of property, especially land and money, and opportunities such as access to education and job training. I (...)
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  10. Economic Goods and the Communitarian Way of Life.Thaddeus Metz & Nathalia Bautista - forthcoming - In David Bilchitz & Raisa Cachalia (eds.), Transitional and Distributive Justice in Transformative Constitutionalism: Comparing Colombia and South Africa.
    The contributions elsewhere in this volume from us, Nathalia Bautista and Thaddeus Metz, address the proper way to respond to gross human rights violations, given a Global South context. Specifically, considering the histories of Colombia and South Africa and some of the values indigenous to those locales, respectively, we advance non-individualist and non-retributive approaches to the social conflicts that had taken place there. Broadly speaking, we both advocate relational and constructive forms of transitional justice that make victim compensation central. According (...)
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  11. Two Problems of Moral Luck for Brain-Computer Interfaces.Daniel J. Miller - forthcoming - Journal of Applied Philosophy.
    Brain-computer interfaces (BCIs) are devices primarily intended to allow agents to use prosthetic body parts, wheelchairs, and other mechanisms by forming intentions or performing certain mental actions. In this paper I illustrate how the use of BCIs leads to two unique and unrecognized problems of moral luck. In short, it seems that agents who depend upon BCIs for bodily movement or the use of other mechanisms (henceforth “BCI-agents”) may end up deserving of blame and legal punishment more so than standard (...)
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  12. Coercion and the Neurocorrective Offer.Jonathan Pugh - forthcoming - In David Rhys Birks & Thomas Douglas (eds.), reatment for Crime: Philosophical Essays on Neurointerventions in Criminal Justice. Oxford, UK:
    According to what Douglas calls ‘the consent requirement’, neuro-correctives can only permissibly be provided with the valid consent of the offender who will undergo the intervention. Some of those who endorse the consent requirement have claimed that even though the requirement prohibits the imposition of mandatory neurocorrectives on criminal offenders, it may yet be permissible to offer offenders the opportunity to consent to undergoing such an intervention, in return for a reduction to their penal sentence. I call this the neurocorrective (...)
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  13. Conflict and Resolution: The Ethics of Forgiveness, Revenge, and Punishment (Tentative Title).Krisanna Scheiter & Paula Satne (eds.) - forthcoming - Springer.
    In this volume top scholars from around the world contribute essays on the ethics of forgiveness, revenge, and punishment. The book covers both classical and contemporary views on these topics. Given the current climate of political division and global conflict it is not surprising that there has been an increasing interest in how we ought to respond to perceived wrongdoing, both personal and political. Many contemporary philosophers draw on views put forth by Aristotle, Seneca, Kant and other historical philosophers. For (...)
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  14. Blame Without Punishment for Addicts.Prabhpal Singh - forthcoming - Philosophia:1-11.
    On the moral model of addiction, addicts are morally responsible and blameworthy for their addictive behaviours. The model is sometimes resisted on the grounds that blaming addicts is incompatible with treating addiction in a compassionate and non-punitive way. I argue the moral model is consistent with addressing addiction compassionately and non-punitively and better accounts for both the role of addicts’ agency in the recovery process. If an addict is responsible for their addictive behaviours, and that behaviour is in some way (...)
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  15. Iudicium Ex Machinae – The Ethical Challenges of Automated Decision-Making in Criminal Sentencing.Frej Thomsen - forthcoming - In Julian Roberts & Jesper Ryberg (eds.), Principled Sentencing and Artificial Intelligence. Oxford: Oxford University Press.
    Automated decision making for sentencing is the use of a software algorithm to analyse a convicted offender’s case and deliver a sentence. This chapter reviews the moral arguments for and against employing automated decision making for sentencing and finds that its use is in principle morally permissible. Specifically, it argues that well-designed automated decision making for sentencing will better approximate the just sentence than human sentencers. Moreover, it dismisses common concerns about transparency, privacy and bias as unpersuasive or inapplicable. The (...)
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  16. On Blame and Punishment: Self-Blame, Other-Blame, and Normative Negligence.Alec Douglas Walen - forthcoming - Law and Philosophy:1-22.
    Punishment should, at least normally, be reserved for blameworthy actions. But to make sense of that claim, we need an account of blame and of why it might license or even call for punishment. Doug Husak, in whose honor this paper is written, rejects quality of will theories of blame as relevant to criminal punishment—what I call ‘criminal blame.’ He offers instead a reason-responsive account of blameworthiness, according to which blame applies to wrongful actions chosen by agents who knew that (...)
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  17. Fortifying the Self-Defense Justification of Punishment.Cogley Zac - forthcoming - Public Affairs Quarterly 31 (4).
    David Boonin has recently advanced several challenges to the self-defense justification of punishment. Boonin argues that the self-defense justification of punishment justifies punishing the innocent, justifies disproportionate punishment, cannot account for mitigating excuses, and does not justify intentionally harming offenders as we do when we punish them. In this paper, I argue that the self-defense justification, suitably understood, can avoid all of these problems. To help demonstrate the self-defense theory’s attraction, I also develop some contrasts between the self-defense justification, Warren (...)
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  18. Just Pain: Aquinas on the Necessity of Retribution and the Nature of Obligation.William Matthew Diem - 2022 - American Catholic Philosophical Quarterly 96 (1):47-79.
    Although it is common in the Catholic moral tradition to hear punishment spoken of as “just” and demanded by reason, it is remarkably difficult to say why reason demands that malefactors suffer or to articulate what is rendered to whom in punishment. The present essay seeks to fill this lacuna by examining Aquinas’s treatment of punishment. After examining several themes found in his work, the paper will conclude that the conceptual key to the reasonableness of punishment is to be found (...)
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  19. Why Reconciliation Requires Punishment but Not Forgiveness.Thaddeus Metz - 2022 - In Krisanna Scheiter & Paula Satne (eds.), Conflict and Resolution: The Ethics of Forgiveness, Revenge, and Punishment. Springer.
    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 (...)
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  20. A Reconciliation Theory of State Punishment: An Alternative to Protection and Retribution.Thaddeus Metz - 2022 - Royal Institute of Philosophy Supplement 91.
    I propose a theory of punishment that is unfamiliar in the West, according to which the state normally ought to have offenders reform their characters and compensate their victims in ways the offenders find burdensome, thereby disavowing the crime and tending to foster improved relationships between offenders, their victims, and the broader society. I begin by indicating how this theory draws on under-appreciated ideas about reconciliation from the Global South, and especially sub-Saharan Africa, and is distinct from the protection and (...)
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  21. Punishment: A Critical Introduction (2nd Edition).Thom Brooks - 2021 - London: Routledge.
    Punishment is a topic of increasing importance for citizens and policymakers. Why should we punish criminals? Which theory of punishment is most compelling? Is the death penalty ever justified? These questions and many more are examined in this highly engaging and accessible guide. Punishment (2nd edition) is a critical introduction to the philosophy of punishment, offering a new and refreshing approach that will benefit readers of all backgrounds and interests. The first comprehensive critical guide to examine all leading contemporary theories (...)
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  22. Can Capital Punishment Survive If Black Lives Matter?Michael Cholbi & Alex Madva - 2021 - In Michael Cholbi, Brandon Hogan, Alex Madva & Benjamin Yost (eds.), The Movement for Black Lives: Philosophical Perspectives. New York: Oxford University Press.
    Drawing upon empirical studies of racial discrimination dating back to the 1940’s, the Movement for Black Lives platform calls for the abolition of capital punishment. Our purpose here is to defend the Movement’s call for death penalty abolition in terms congruent with its claim that the death penalty in the U.S. is a “racist practice” that “devalues Black lives.” We first sketch the jurisprudential history of race and capital punishment in the U.S., wherein courts have occasionally expressed worries about racial (...)
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  23. The Consequentialist Problem with Prepunishment.Preston Greene - 2021 - Thought: A Journal of Philosophy 10 (3):199-208.
    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 (...)
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  24. Why Punitive Intent Matters.Nathan Hanna - 2021 - Analysis 81 (3):426-435.
    Many philosophers think that punishment is intentionally harmful and that this makes it especially hard to morally justify. Explanations for the latter intuition often say questionable things about the moral significance of the intent to harm. I argue that there’s a better way to explain this intuition.
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  25. Civil Disobedience, Costly Signals, and Leveraging Injustice.Ten-Herng Lai - 2021 - Ergo: An Open Access Journal of Philosophy 7:1083-1108.
    Civil disobedience, despite its illegal nature, can sometimes be justified vis-à-vis the duty to obey the law, and, arguably, is thereby not liable to legal punishment. However, adhering to the demands of justice and refraining from punishing justified civil disobedience may lead to a highly problematic theoretical consequence: the debilitation of civil disobedience. This is because, according to the novel analysis I propose, civil disobedience primarily functions as a costly social signal. It is effective by being reliable, reliable by being (...)
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  26. Recent Work in African Political and Legal Philosophy.Thaddeus Metz - 2021 - Philosophy Compass 16 (9):1-10.
    In this article I critically survey non-edited books on political and legal philosophy that have been composed by those working in the sub-Saharan African tradition and have appeared in print since 2016. These monographs principally address political, distributive, and criminal justice at the domestic level, with this article recounting the essentials of these texts as well as noting prima facie weaknesses in their positions and gaps in current research agendas. My aims are to enable readers to obtain a bird’s-eye picture (...)
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  27. Constitutional Prohibitions of Capital Punishment: For and Against.Cristian Rettig - 2021 - In Javier Cremades & Cristina Hermida (eds.), Encyclopedia of Contemporary Constitutionalism.
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  28. Punishing Noncitizens.Bill Wringe - 2021 - Journal of Applied Philosophy 38 (3):384-400.
    In this paper, I discuss a distinctively non-paradigmatic instance of punishment: the punishment of non-citizens. I shall argue that the punishment of non-citizens presents considerable difficulties for one currently popular account of criminal punishment: Antony Duff’s communicative expressive theory of punishment. Duff presents his theory explicitly as an account of the punishment of citizens - and as I shall argue, this is not merely an incidental feature of his account. However, it is plausible that a general account of the criminal (...)
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  29. 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 position is not reducible (...)
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  30. Buddhism, Free Will, and Punishment: Taking Buddhist Ethics Seriously.Gregg D. Caruso - 2020 - Zygon 55 (2):474-496.
  31. What Makes a Response to Schoolroom Wrongs Permissible?Helen Brown Coverdale - 2020 - Theory and Research in Education 18 (1):23-39.
    Howard’s moral fortification theory of criminal punishment lends itself to justifying correction for children in schools that is supportive. There are good reasons to include other students in the learning opportunity occasioned by doing right in response to wrong, which need not exploit the wrongdoing student as a mere means. Care ethics can facilitate restorative and problem-solving approaches to correction. However, there are overriding reasons against doing so when this stigmatises the wrongdoing student, since this inhibits their learning. Responses that (...)
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  32. Social Ontology and Social Normativity.Brian Donohue - 2020 - Dissertation, University at Buffalo
    Many recent accounts of the ontology of groups, institutions, and practices have touched upon the normative or deontic dimensions of social reality (e.g., social obligations, claims, permissions, prohibitions, authority, and immunity), as distinct from any specifically moral values or obligations. For the most part, however, the ontology of such socio-deontic phenomena has not received the attention it deserves. In what sense might a social obligation or a claim exist? What is the ontological status of such an obligation (e.g., is it (...)
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  33. The Nature of Punishment Revisited: Reply to Wringe.Nathan Hanna - 2020 - Ethical Theory and Moral Practice 23 (1):89-100.
    This paper continues a debate about the following claim: an agent punishes someone only if she aims to harm him. In a series of papers, Bill Wringe argues that this claim is false, I criticize his arguments, and he replies. Here, I argue that his reply fails.
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  34. Retributivism, Justification and Credence: The Epistemic Argument Revisited.Sofia M. I. Jeppsson - 2020 - Neuroethics 14 (2):177-190.
    Harming other people is prima facie wrong. Unless we can be very certain that doing so is justified under the circumstances, we ought not to do it. In this paper, I argue that we ought to dismantle harsh retributivist criminal justice systems for this reason; we cannot be sufficiently certain that the harm is justified. Gregg Caruso, Ben Vilhauer and others have previously argued for the same conclusion; however, my own version sidesteps certain controversial premises of theirs. Harsh retributivist criminal (...)
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  35. Ends and Means of Transitional Justice (Repr.).Thaddeus Metz - 2020 - In Eric Palmer & Krushil Watene (eds.), Reconciliation, Transitional and Indigenous Justice. Routledge. pp. 27-36.
    Reprint of an article first appearing in the Journal of Global Ethics (2018).
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  36. BCI-Mediated Behavior, Moral Luck, and Punishment.Daniel J. Miller - 2020 - American Journal of Bioethics Neuroscience 11 (1):72-74.
    An ongoing debate in the philosophy of action concerns the prevalence of moral luck: instances in which an agent’s moral responsibility is due, at least in part, to factors beyond his control. I point to a unique problem of moral luck for agents who depend upon Brain Computer Interfaces (BCIs) for bodily movement. BCIs may misrecognize a voluntarily formed distal intention (e.g., a plan to commit some illicit act in the future) as a control command to perform some overt behavior (...)
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  37. The Ethics of Social Punishment: The Enforcement of Morality in Everyday Life.Linda Radzik, Christopher Bennett, Glen Pettigrove & George Sher - 2020 - New York: Cambridge University Press.
    How do we punish others socially, and should we do so? In her 2018 Descartes Lectures for Tilburg University, Linda Radzik explores the informal methods ordinary people use to enforce moral norms, such as telling people off, boycotting businesses, and publicly shaming wrongdoers on social media. Over three lectures, Radzik develops an account of what social punishment is, why it is sometimes permissible, and when it must be withheld. She argues that the proper aim of social punishment is to put (...)
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  38. “Properly a Subject of Contempt”: The Role of Natural Penalties in Mill's Liberal Thought.Thomas Schramme - 2020 - Journal of Social Philosophy 51 (3):391-409.
  39. Children’s Moral Rights and UK School Exclusions.John Tillson & Laura Oxley - 2020 - Theory and Research in Education 18 (4).
    This article argues that uses of exclusion by schools in the United Kingdom (UK) often violate children’s moral rights. It contends that while exclusion is not inherently incompatible with children’s moral rights, current practice must be reformed to align with them. It concludes that as a non-punitive preventive measure, there may be certain circumstances in schools where it is necessary to exclude a child in order to safeguard the weighty interests of others in the school community. However, reform is needed (...)
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  40. Would Nonconsensual Criminal Neurorehabilitation Express a more Degrading Attitude Towards Offenders than Consensual Criminal Neurorehabilitation?Jukka Varelius - 2020 - Neuroethics 14 (2):291-302.
    It has been proposed that reoffending could be reduced by manipulating the neural underpinnings of offenders’ criminogenic mental features with what have been called neurocorrectives. The legitimacy of such use of neurotechnology – criminal neurorehabilitation, as the use is called – is usually seen to presuppose valid consent by the offenders subjected to it. According to a central criticism of nonconsensual criminal neurorehabilitation, nonconsensual use of neurocorrectives would express a degrading attitude towards offenders. In this article, I consider this criticism (...)
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  41. Nonconsensual Neurocorrectives and Bodily Integrity: A Reply to Shaw and Barn.Thomas Douglas - 2019 - Neuroethics 12 (1):107-118.
    In this issue, Elizabeth Shaw and Gulzaar Barn offer a number of replies to my arguments in ‘Criminal Rehabilitation Through Medical Intervention: Moral Liability and the Right to Bodily Integrity’, Journal of Ethics. In this article I respond to some of their criticisms.
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  42. Is Preventive Detention Morally Worse Than Quarantine?Thomas Douglas - 2019 - In Jan W. De Keijser, Julian Roberts & Jesper Ryberg (eds.), Predictive Sentencing: Normative and Empirical Perspectives. London: Hart Publishing.
    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, (...)
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  43. Hypocrisy, Inconsistency, and the Moral Standing of the State.Kyle G. Fritz - 2019 - Criminal Law and Philosophy 13 (2):309-327.
    Several writers have argued that the state lacks the moral standing to hold socially deprived offenders responsible for their crimes because the state would be hypocritical in doing so. Yet the state is not disposed to make an unfair exception of itself for committing the same sorts of crimes as socially deprived offenders, so it is unclear that the state is truly hypocritical. Nevertheless, the state is disposed to inconsistently hold its citizens responsible, blaming or punishing socially deprived offenders more (...)
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  44. Hitting Retributivism Where It Hurts.Nathan Hanna - 2019 - Criminal Law and Philosophy 13 (1):109-127.
    Many philosophers think that, when someone deserves something, it’s intrinsically good that she get it or there’s a non-instrumental reason to give it to her. Retributivists who try to justify punishment by appealing to claims about what people deserve typically assume this view or views that entail it. In this paper, I present evidence that many people have intuitions that are inconsistent with this view. And I argue that this poses a serious challenge to retributivist arguments that appeal to desert.
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  45. Punishing Groups: When External Justice Takes Priority Over Internal Justice.Johannes Himmelreich & Holly Lawford-Smith - 2019 - The Monist 102 (2):134-150.
    Punishing groups raises a difficult question, namely, how their punishment can be justified at all. Some have argued that punishing groups is morally problematic because of the effects that the punishment entails for their members. In this paper we argue against this view. We distinguish the question of internal justice—how punishment-effects are distributed—from the question of external justice—whether the punishment is justified. We argue that issues of internal justice do not in general undermine the permissibility of punishment. We also defend (...)
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  46. Beyond Punishment? A Normative Account of the Collateral Legal Consequences of Conviction.Zachary Hoskins - 2019 - New York, USA: Oxford University Press.
    People convicted of crimes are subject to a criminal sentence, but they also face a host of other restrictive legal measures: Some are denied access to jobs, housing, welfare, the vote, or other goods. Some may be deported, may be subjected to continued detention, or may have their criminal records made publicly accessible. These measures are often more burdensome than the formal sentence itself. -/- In Beyond Punishment?, Zachary Hoskins offers a philosophical examination of these burdensome legal measures, called collateral (...)
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  47. Reconciliation as the Aim of a Criminal Trial: Ubuntu’s Implications for Sentencing.Thaddeus Metz - 2019 - Constitutional Court Review 9:113-134.
    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 (...)
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  48. L’indignation : ses variétés et ses rôles dans la régulation sociale.Frédéric Minner - 2019 - Implications Philosophiques 1.
    Qu’est-ce que l’indignation ? Cette émotion est souvent conçue comme une émotion morale qu’une tierce-partie éprouve vis-à-vis des injustices qu’un agent inflige à un patient. L’indignation aurait ainsi trait aux injustices et serait éprouvée par des individus qui n’en seraient eux-mêmes pas victimes. Cette émotion motiverait la tierce-partie indignée à tenter de réguler l’injustice en l’annulant et en punissant son auteur. Cet article entreprend de montrer que cette conception de l’indignation n’est que partielle. En effet, l’indignation ne porte pas que (...)
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  49. The Intrinsic Good of Justice.Brian John Rosebury - 2019 - Ratio Juris 32 (2):193-209.
    Some retributivists claim that when we punish wrongdoers we achieve a good: justice. The paper argues that the idea of justice, though rhetorically freighted with positive value, contains only a small core of universally-agreed meaning; and its development in a variety of competing conceptions simply recapitulates, without resolving, debates within the theory of punishment. If, to break this deadlock, we stipulate an expressly retributivist conception of justice, then we should concede that punishment which is just may be morally wrong.
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  50. Justifying Prison Breaks as Civil Disobedience.Isaac Shur - 2019 - Aporia 19 (2):14-26.
    I argue that given the persistent injustice present within the Prison Industrial Complex in the United States, many incarcerated individuals would be justified in attempting to escape and that these prison breaks may qualify as acts of civil disobedience. After an introduction in section one, section two offers a critique of the classical liberal conception of civil disobedience envisioned by John Rawls. Contrary to Rawls, I argue that acts of civil disobedience can involve both violence and evasion of punishment, both (...)
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