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  1. super-Retributivism.Paul Bali - manuscript
    a criminal, C, inflicts an injustice upon their Victim. thus C deserves to suffer an injustice: an excessive punishment.
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  2. Law, Philosophy and Responsibility: The Roman Ingarden Contribution.Michal Peno - manuscript
    This text is a kind of sketch and presents some simple ideas. The aim of this article is to carry out a critical and reflexive analysis of Roman Ingarden's philosophy of responsibility. Being a member of the phenomenological current, Ingarden mainly studied the ontological bases or conditions of responsibility by identifying different situations of responsibility. In this paper situations of responsibility have been analysed in the semantic contexts in which the word "responsibility" appears. Legally, the prescriptive contexts of using the (...)
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  3. Reply to critics.John Gardner - manuscript
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  4. Prohibiting immoralities.John Gardner - manuscript
    Destined for the Cardozo Law Review. Posted 28 November 2006.
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  5. The Death Penalty Debate: Four Problems and New Philosophical Perspectives.Masaki Ichinose - June 2017 - Journal of Practical Ethics 5 (1):53-80.
    This paper aims at bringing a new philosophical perspective to the current debate on the death penalty through a discussion of peculiar kinds of uncertainties that surround the death penalty. I focus on laying out the philosophical argument, with the aim of stimulating and restructuring the death penalty debate. I will begin by describing views about punishment that argue in favour of either retaining the death penalty (‘retentionism’) or abolishing it (‘abolitionism’). I will then argue that we should not ignore (...)
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  6. Making Punishment Safe: Adding an Anti-Luck Condition to Retributivism and Rights Forfeiture.J. Spencer Atkins - forthcoming - Law, Ethics and Philosophy:1-18.
    Retributive theories of punishment argue that punishing a criminal for a crime she committed is sufficient reason for a justified and morally permissible punishment. But what about when the state gets lucky in its decision to punish? I argue that retributive theories of punishment are subject to “Gettier” style cases from epistemology. Such cases demonstrate that the state needs more than to just get lucky, and as these retributive theories of punishment stand, there is no anti-luck condition. I’ll argue that (...)
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  7. The Public Health-Quarantine Model.Gregg D. Caruso - forthcoming - In Oxford Handbook of Moral Responsibility. New York: Oxford University Press.
    One of the most frequently voiced criticisms of free will skepticism is that it is unable to adequately deal with criminal behavior and that the responses it would permit as justified are insufficient for acceptable social policy. This concern is fueled by two factors. The first is that one of the most prominent justifications for punishing criminals, retributivism, is incompatible with free will skepticism. The second concern is that alternative justifications that are not ruled out by the skeptical view per (...)
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  8. Biological Interventions for Crime Prevention.Christopher Chew, Thomas Douglas & Nadira Faber - forthcoming - In David Birks & Thomas Douglas (eds.), Treatment for Crime: Philosophical Essays on Neurointerventions in Criminal Justice. Oxford: Oxford University Press.
    This chapter sets the scene for the subsequent philosophical discussions by surveying a number of biological interventions that have been used, or might in the future be used, for the purposes of crime prevention. These interventions are pharmaceutical interventions intended to suppress libido, treat substance abuse or attention deficit-hyperactivity disorder (ADHD), or modulate serotonin activity; nutritional interventions; and electrical and magnetic brain stimulation. Where applicable, we briefly comment on the historical use of these interventions, and in each case we discuss (...)
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  9. Justified Belief and Just Conviction.Clayton Littlejohn - forthcoming - In Jon Robson & Zachary Hoskins (eds.), Truth and Trial. Routledge.
    Abstract: When do we meet the standard of proof in a criminal trial? Some have argued that it is when the guilt of the defendant is sufficiently probable on the evidence. Some have argued that it is a matter of normic support. While the first view provides us with a nice account of how we ought to manage risk, the second explains why we shouldn’t convict on the basis of naked statistical evidence alone. Unfortunately, this second view doesn’t help us (...)
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  10. n-1 Guilty Men.Clayton Littlejohn & Julien Dutant - forthcoming - In The Future of Normativity. Oxford University Press.
    We discuss the difficulties that arise for standard reasons-first theories by looking at a case in which an agent who seems initially to know that n individuals are responsible for wrongdoing learns that n-1 are guilty. On the one hand, if this agent can retain their initial knowledge, it seems the agent should be able to believe in at least n-1 cases that the relevant subject is culpable, blame this agent for wrongdoing, and punish accordingly. Since we're not primarily interested (...)
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  11. A Relational Theory of Justice.Thaddeus Metz - forthcoming - Oxford University Press.
    The core idea of A Relational Theory of Justice is that normative political and legal philosophy should be grounded on people’s relational features, in particular their ability to commune with others and be communed with by them. Usually, philosophers of justice in the West have based their views on people’s intrinsic features, ones that make no essential reference to others, such as their autonomy, self-ownership, or well-being. In addition, often critics of basing politics and law on justice, whether in the (...)
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  12. Punishment without Pain. Outline for a Non-Afflictive Definition of Legal Punishment.Gianfranco Pellegrino - forthcoming - Philosophy and Public Issues - Filosofia E Questioni Pubbliche.
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  13. A Précis of Punishment.Gianfranco Pellegrino - forthcoming - Philosophy and Public Issues - Filosofia E Questioni Pubbliche.
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  14. How not to Define Punishment.Gianfranco Pellegrino - forthcoming - Philosophy and Public Issues - Filosofia E Questioni Pubbliche.
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  15. The Social Scale: The Weight of Justice.Daniel Seltzer (ed.) - forthcoming - MIT Press.
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  16. Kant's Mature Theory of Punishment, and a First Critique Ideal Abolitionist Alternative.Benjamin Vilhauer - forthcoming - In Matthew Altman (ed.), Palgrave Kant Handbook.
    This chapter has two goals. First, I will present an interpretation of Kant’s mature account of punishment, which includes a strong commitment to retributivism. Second, I will sketch a non-retributive, “ideal abolitionist” alternative, which appeals to a version of original position deliberation in which we choose the principles of punishment on the assumption that we are as likely to end up among the punished as we are to end up among those protected by the institution of punishment. This is radical (...)
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  17. 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 p969). I’ll try (...)
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  18. Entrapment.Daniel J. Hill, Stephen K. McLeod & Attila Tanyi - 2024 - Elgar Encylopedia of Crime and Criminal Justice.
    We discuss how the law and scholars have approached three questions. First, what acts count as acts of entrapment? Secondly, is entrapment a permissible method of law-enforcement and, if so, in what circumstances? Thirdly, what must criminal courts do, in response to the finding that an offence was brought about by an act of entrapment, in order to deliver justice? While noting the contrary tendency, we suggest that the first question should be addressed in a manner that is neutral about (...)
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  19. Holding Responsible in the African Tradition: Reconciliation Applied to Punishment, Compensation, and Trials.Thaddeus Metz - 2024 - In Maximillian Kiener (ed.), Routledge Handbook of Philosophy of Responsibility. Routledge. pp. 380-392.
    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 (...)
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  20. Revue du livre : Diangitukwa et Siadous, Les prisons sont-elles utiles? [REVIEW]Ignace Haaz - 2023 - Journal of Ethics in Higher Education (2):169–189.
    Le contexte des prisons africaines offre amplement matière à revisiter l’idée classique de l’inutilité de certaines criminalisations. Dans un monde plus que jamais dominé par le spectacle des châtiments et des modèles de justice expéditives, il est bienvenu de replacer le rôle de l’éducation dans la prison, puisque tout détenu emprisonné, aussi démuni et à plaindre soit-il, est riche de son temps, et capable de résilience et de perfectionnement. Encore faut-il, sous peine de paraître très idéaliste, dessiner de manière convaincante (...)
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  21. Against Legal Punishment.Nathan Hanna - 2023 - In Matthew C. Altman (ed.), Palgrave Handbook on the Philosophy of Punishment. Palgrave-Macmillan. pp. 559-78.
    I argue that legal punishment is morally wrong because it’s too morally risky. I first briefly explain how my argument differs from similar ones in the philosophical literature on legal punishment. Then I explain why legal punishment is morally risky, argue that it’s too morally risky, and discuss objections. In a nutshell, my argument goes as follows. Legal punishment is wrong because we can never sufficiently reduce the risk of doing wrong when we legally punish people. We can never sufficiently (...)
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  22. Guilty Pleas, Sentence Reductions, and Non-punishment of the Innocent.Zachary Hoskins - 2023 - In Julian V. Roberts & Jesper Ryberg (eds.), Sentencing the Self-Convicted: The Ethics of Pleading Guilty. London: Bloomsbury. pp. 51-69.
    It is common practice in the United Kingdom, the United States, and other common law countries to reduce criminal sentences in response to guilty pleas. This chapter contends that this practice violates the commonly accepted prohibiton on punishment of the innocent. I first consider various interpretations of what this prohibition requires of a system of punishment. Then I contend that insofar as sentence reductions provide significant prudential incentives to innocent people to plead guilty, these reductions run afoul of the most (...)
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  23. What's Wrong with Prepunishment?Alex Kaiserman - 2023 - Pacific Philosophical Quarterly 104 (3):622-645.
    Punishing someone for a crime before they have committed it is widely considered morally abhorrent. But there is little agreement on what exactly is supposed to be wrong with it. In this paper, I critically evaluate several objections to the permissibility of prepunishment, making points along the way about the connections between time, knowledge, desert, deterrence and duty. I conclude that, although the conditions under which it could permissibly be administered are unlikely ever to arise in practice, nevertheless in principle, (...)
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  24. Outcome Effects, Moral Luck and the Hindsight Bias.Markus Kneer & Iza Skoczeń - 2023 - Cognition 232.
    In a series of ten preregistered experiments (N=2043), we investigate the effect of outcome valence on judgments of probability, negligence, and culpability – a phenomenon sometimes labelled moral (and legal) luck. We found that harmful outcomes, when contrasted with neutral outcomes, lead to increased perceived probability of harm ex post, and consequently to increased attribution of negligence and culpability. Rather than simply postulating a hindsight bias (as is common), we employ a variety of empirical means to demonstrate that the outcome-driven (...)
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  25. Criminal Responsibility.Ken Levy - 2023 - In A Companion to Free Will. Hoboken, N.J.: Wiley Blackwell. pp. 406-413.
    I explicate the conditions required for criminal responsibility, provide an overview of criminal defenses, distinguish criminal responsibility from both tort liability and moral responsibility, and explicate the current state of the insanity defense.
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  26. Let's Not Do Responsibility Skepticism.Ken M. Levy - 2023 - Journal of Applied Philosophy 40 (3):458-73.
    I argue for three conclusions. First, responsibility skeptics are committed to the position that the criminal justice system should adopt a universal nonresponsibility excuse. Second, a universal nonresponsibility excuse would diminish some of our most deeply held values, further dehumanize criminals, exacerbate mass incarceration, and cause an even greater number of innocent people (nonwrongdoers) to be punished. Third, while Saul Smilansky's ‘illusionist’ response to responsibility skeptics – that even if responsibility skepticism is correct, society should maintain a responsibility‐realist/retributivist criminal justice (...)
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  27. Mechanical Choices: A Compatibilist Libertarian Response.Christian List - 2023 - Criminal Law and Philosophy:1-23.
    Michael S. Moore defends the ideas of free will and responsibility, especially in relation to criminal law, against several challenges from neuroscience. I agree with Moore that morality and the law presuppose a commonsense understanding of humans as rational agents, who make choices and act for reasons, and that to defend moral and legal responsibility, we must show that this commonsense understanding remains viable. Unlike Moore, however, I do not think that classical compatibilism, which is based on a conditional understanding (...)
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  28. Criminal Proof: Fixed or Flexible?Lewis Ross - 2023 - Philosophical Quarterly (4):1-23.
    Should we use the same standard of proof to adjudicate guilt for murder and petty theft? Why not tailor the standard of proof to the crime? These relatively neglected questions cut to the heart of central issues in the philosophy of law. This paper scrutinises whether we ought to use the same standard for all criminal cases, in contrast with a flexible approach that uses different standards for different crimes. I reject consequentialist arguments for a radically flexible standard of proof, (...)
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  29. Criminal Proof: Fixed or Flexible?Lewis Ross - 2023 - The Philosophical Quarterly.
    Should we use the same standard of proof to adjudicate guilt for murder and petty theft? Why not tailor the standard of proof to the crime? These relatively neglected questions cut to the heart of central issues in the philosophy of law. This paper scrutinises whether we ought to use the same standard for all criminal cases, in contrast with a flexible approach that uses different standards for different crimes. I reject consequentialist arguments for a radically flexible standard of proof, (...)
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  30. The moral permissibility of banishment.E. E. Sheng - 2023 - Law and Philosophy 42 (3):285-310.
    This essay defends the moral permissibility, as a form of punishment, of banishment, namely the exclusion by a state of a citizen from its territory. I begin by outlining the prima facie case for banishment, consider for whom it may be appropriate, and acknowledge constraints on its permissibility. I then defend banishment against the main objections in the literature to banishment or the related measure of denationalization (stripping citizens of their citizenship): impermissible permanency; excessive severity; ineffectiveness; unfairness to those who (...)
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  31. Renouncing the attempt versus perpetration distinction.Izabela Skoczeń - 2023 - Synthese 201 (1):1-29.
    Legal and moral luck goes against the basic principle of criminal law that responsibility ascriptions are based on the mental state of the perpetrator, rather than merely the outcome of her action. If outcome should not play a decisive role in responsibility ascriptions, the attempt versus perpetration distinction becomes more difficult to justify. One potential justification is that we never know whether the attempter would not have resigned from pursuing her criminal intent even at the last moment. However, this paper (...)
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  32. Do Androids Dream of Electric Crimes?Ricardo Tavares da Silva - 2023 - Anatomia Do Crime 17:95-106.
    The title of the paper is an allusion to Philip K. Dick’s book Do Androids Dream of Electric Sheep? (which inspired the movie Blade Runner) and aims, at once, to highlight the (possible) relation between Criminal Law and Artificial Intelligence in its two dimensions of criminal protection (hence the reference to ‘electric crimes’) and criminal liability (hence the reference to the androids’ dreams), within the background problem of knowing whether Artificial Intelligence is truly mind. The purpose of this paper is, (...)
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  33. Five perspectives on holding wrongdoers responsible in Kant.Benjamin Vilhauer - 2023 - British Journal for the History of Philosophy 32 (1):100-125.
    The first part of this paper surveys five perspectives in Kant’s philosophy on the quantity of retribution to be inflicted on wrongdoers, ordered by two dimensions of difference – whether they are theoretical or practical perspectives, and the quantity of retribution they prescribe: (1) theoretical zero, the perspective of theoretical philosophy; (2) practical infinity, the perspective of God and conscience; (3) practical equality, the perspective of punishment in public law; (4) practical degrees, the perspective we adopt in private relations to (...)
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  34. Is Crime Caused by Illness, Immorality, or Injustice? Theories of Punishment in the Twentieth and Early Twenty-First Centuries.Amelia M. Wirts - 2023 - In Matthew C. Altman (ed.), The Palgrave Handbook on the Philosophy of Punishment. Palgrave-Macmillan. pp. 75-97.
    Since 1900, debates about the justification of punishment have also been debates about the cause of crime. In the early twentieth century, the rehabilitative ideal of punishment viewed mental illness and dysfunction in individuals as the cause of crime. Starting in the 1970s, retributivism identified the immorality of human agents as the source of crime, which dovetailed well with the “tough-on-crime” political milieu of the 1980s and 1990s that produced mass incarceration. After surveying these historical trends, Wirts argues for a (...)
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  35. What Does it Mean to Say “The Criminal Justice System is Racist”?Amelia M. Wirts - 2023 - American Philosophical Quarterly 60 (4):341-354.
    This paper considers three possible ways of understanding the claim that the American criminal justice system is racist: individualist, “patterns”-based, and ideology-based theories of institutional racism. It rejects an individualist explanation of institutional racism because such an explanation fails to explain the widespread prevalence of anti-black racism in this system or indeed in the United States. It considers a “patterns” account of institutional racism, where consistent patterns of disparate racial effect mimic the structure of intentional projects of racial subjugation like (...)
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  36. Lowering the Boom: A Brief for Penal Leniency.Benjamin S. Yost - 2023 - Criminal Law and Philosophy 17 (2):251-270.
    This paper advocates for a general policy of penal leniency: judges should often sentence offenders to a punishment less severe than initially preferred. The argument’s keystone is the relatively uncontroversial Minimal Invasion Principle (MIP). MIP says that when more than one course of action satisfies a state’s legitimate aim, only the least invasive is permissibly pursued. I contend that MIP applies in two common sentencing situations. In the first, all sentences within a statutorily specified range are equally proportionate. Here MIP (...)
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  37. al-Sharʻīyah al-jazāʼīyah: dirāsah muqāranah.Ṭalāl ʻAbd Ḥusayn Badrānī - 2022 - Iqlīm Kurdistān, al-ʻIrāq,: Wizārat al-ʻAdl, Markaz al-Buḥūth al-Qānūnīyah.
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  38. The Silent Exception: Hunger-Striking and Lip-Sewing.Banu Bargu - 2022 - In Rick Elmore & Ege Selin Islekel (eds.), The Biopolitics of Punishment: Derrida and Foucault. Northwestern University Press.
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  39. Punishment.Robert Canton - 2022 - New York, NY: Routledge.
    This book explores the concept of punishment: its meaning and significance, not least to those subject to it; its social, political and emotional contexts; its role in the criminal justice system; and the difficulties of bringing punishment to an end. It explores how levels of criminal punishment could and should be reduced, without compromising moral standards, public safety or the rights of victims of crime. Core contents include: Why punishment matters, the salience of emotions in its various discourses and the (...)
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  40. Precis of Rejecting Retributivism: Free Will, Punishment, and Criminal Justice.Gregg D. Caruso - 2022 - Journal of Legal Philosophy 2 (46):120-125.
  41. Retributivism, Free Will Skepticism, and the Public Health-Quarantine Model: Replies to Kennedy, Walen, Corrado, Sifferd, Pereboom, and Shaw.Gregg D. Caruso - 2022 - Journal of Legal Philosophy 2 (46):161-216.
  42. Natural Punishment.Raff Donelson - 2022 - North Carolina Law Review 100 (2):557-600.
    A man, carrying a gun in his waistband, robs a food vendor. In making his escape, the gun discharges, critically injuring the robber. About such instances, it is common to think, “he got what he deserved.” This Article seeks to explore cases like that—cases of “natural punishment.” Natural punishment occurs when a wrongdoer faces serious harm that results from her wrongdoing and not from anyone seeking retribution against her. The Article proposes that U.S. courts follow their peers and recognize natural (...)
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  43. The Inherent Problem with Mass Incarceration.Raff Donelson - 2022 - Oklahoma Law Review 75 (1):51-67.
    For more than a decade, activists, scholars, journalists, and politicians of various stripes have been discussing and decrying mass incarceration. This collection of voices has mostly focused on contingent features of the phenomenon. Critics mention racial disparities, poor prison conditions, and spiraling costs. Some critics have alleged broader problems: they have called for an end to all incarceration, even all punishment. Lost in this conversation is a focus on what is inherently wrong with mass incarceration specifically. This essay fills that (...)
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  44. How Can Punishment be Justified? On Kant's Retributivism.Guus Duindam - 2022 - In Heather Wilburn (ed.), Philosophical Thought: Across Cultures and Through the Ages.
    In this brief chapter aimed at undergraduates, I examine theories of punishment and provide an introduction to Kant's retributivism.
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  45. Posthuman and Postanimal Futures, or The Possibilities of a Deconstructive Biopolitics.Rick Elmore - 2022 - In Rick Elmore & Ege Selin Islekel (eds.), The Biopolitics of Punishment: Derrida and Foucault. Northwestern University Press.
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  46. The biopolitics of punishment: Derrida and Foucault.Rick Elmore & Ege Selin Islekel (eds.) - 2022 - Evanston, Illinois: Northwestern University Press.
    The Biopolitics of Punishment marks a new chapter in the long-standing debate between Jacques Derrida and Michel Foucault. The essays collected in this volume chart the undertheorized dialogue between the two philosophers on questions of life, death, punishment, power, and resistance.
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  47. Aprimoramento das práticas punitivas e prevenção distal do crime: uma alternativa ao ceticismo sobre a responsabilidade moral.Marcelo Fischborn - 2022 - Princípios 29 (59).
    Resumo: Em décadas recentes, a investigação filosófica sobre a responsabilidade moral e o livre-arbítrio, que por muito tempo foi vista como um empreendimento principalmente teórico, passou a também incluir preocupações de tipo mais prático. Essa mudança é bem ilustrada pela proposta cética desenvolvida por autores como Derk Pereboom e Gregg Caruso. Seus trabalhos não apenas negam que sejamos agentes livres e moralmente responsáveis (em um sentido específico dos termos em questão), mas também defendem reformas na maneira como a responsabilização é (...)
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  48. The Real-Life Issue of Prepunishment.Preston Greene - 2022 - Social Theory and Practice 48 (3):507-523.
    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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  49. Punitive intent.Nathan Hanna - 2022 - Philosophical Studies 179 (2):655 - 669.
    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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  50. Fearless Lives: Parrhesia in a Biopolitical Frame.Sid Hansen - 2022 - In Rick Elmore & Ege Selin Islekel (eds.), The Biopolitics of Punishment: Derrida and Foucault. Northwestern University Press.
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