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Justice and Retaliation

Philosophical Papers 39 (3):315-341 (2010)

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  1. The Ethics of Policing and Imprisonment.Molly Gardner & Michael Weber (eds.) - 2018 - Cham: Springer Verlag.
    This volume considers the ethics of policing and imprisonment, focusing particularly on mass incarceration and police shootings in the United States. The contributors consider the ways in which non-ideal features of the criminal justice system―features such as the prevalence of guns in America, political pressures, considerations of race and gender, and the lived experiences of people in jails and prisons―impinge upon conclusions drawn from more idealized models of punishment and law enforcement. There are a number of common themes running throughout (...)
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  • Practical Identity and Duties to the Self.Paul Schofield - 2019 - American Philosophical Quarterly 56 (3):219-232.
    In this paper, I appeal to the notion of practical identity in order to defend the possibility of synchronic duties to the self—that is, self-directed duties focused on one's present self as opposed to one's future self. While many dismiss the idea of self-directed duties, I show that a person may be morally required to act in ways that advance her present interests and autonomy by virtue of her occupying multiple practical identities at a single moment.
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  • Blameless Moral Criticism – the Case of Moral Disappointment.Julius Schönherr - 2023 - Ethical Theory and Moral Practice 26:53-71.
    In discussing the ways in which we hold each other accountable for immoral conduct, philosophers have often focused on blame, aiming to specify adequate responses to wrongdoing. In contrast, theorizing about the ways we can appropriately respond to minor moral mistakes – i.e., criticizable conduct that is bad but not wrong – has largely been neglected. My first goal in this paper is, thus, to draw attention to this blind spot and argue that a separate account of blameless moral criticism (...)
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  • Moral Rebukes and Social Avoidance.Linda Radzik - 2014 - Journal of Value Inquiry 48 (4):643-661.
    IntroductionStrawsonian theories of moral responsibility, which aim to ground the phenomenon of moral responsibility in our practices of holding one another accountable for our actions, lead us to think more carefully about the content of those practices. Strawson and his followers have done much to explore the significance of the deontic reactive attitudes (resentment, indignation and guilt), which we tend to aim at wrongdoers.P. F. Strawson, "Freedom and Resentment," Proceedings of the British Academy, Vol. 48 (1962). See also, R. Jay (...)
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  • Punishment and the Value of Deserved Suffering.Michael McKenna - 2020 - Public Affairs Quarterly 34 (2):97-123.
    An assumption central to some forms of retributivism is that it is noninstrumentally good that a culpable wrongdoer suffers in receiving a deserved punishment. A justification for this can be built from a conversational theory of moral responsibility, and in particular deserved blame. On such a theory, deserved blame is fitting as a response to a wrongdoer insofar as it is conversationally meaningful as a reply to a wrong done. Punishment, it might be argued, has this feature too. The conversational (...)
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  • “Screw you!” & “thank you”.Coleen Macnamara - 2013 - Philosophical Studies 165 (3):893-914.
    If I do you a good turn, you may respond with gratitude and express that gratitude by saying “Thank you.” Similarly, if I insult you, you may react with resentment which you express by shouting, “Screw you!” or something of the sort. Broadly put, when confronted with another’s morally significant conduct, we are inclined to respond with a reactive attitude and to express that reactive attitude in speech. A number of familiar speech acts have a call-and-response structure. Questions, demands and (...)
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  • Reactive Attitudes as Communicative Entities.Coleen Macnamara - 2013 - Philosophy and Phenomenological Research 90 (3):546-569.
    Many theorists claim that the reactive emotions, even in their private form, are communicative entities. But as widely endorsed as this claim is, it has not been redeemed: the literature lacks a clear and compelling account of the sense in which reactive attitudes qua private mental states are essentially communicative. In this paper, I fill this gap. I propose that it is apt to characterize privately held reactive attitudes as communicative in nature because they, like many paradigmatic forms of communication, (...)
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  • Bargaining for the disappeared? Rewarding perpetrators in transitional justice contexts.Juan Espindola - 2021 - Journal of Social Philosophy 53 (2):273-288.
    Journal of Social Philosophy, Volume 53, Issue 2, Page 273-288, Summer 2022.
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  • Basic Desert of Reactive Emotions.Zac Cogley - 2013 - Philosophical Explorations 16 (2):165-177.
    In this paper, I explore the idea that someone can deserve resentment or other reactive emotions for what she does by attention to three psychological functions of such emotions – appraisal, communication, and sanction – that I argue ground claims of their desert. I argue that attention to these functions helps to elucidate the moral aims of reactive emotions and to distinguish the distinct claims of desert, as opposed to other moral considerations.
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  • Punishment and Democratic Rights: A Case Study in Non-Ideal Penal Theory.Steve Swartzer - 2018 - In Molly Gardner & Michael Weber (eds.), The Ethics of Policing and Imprisonment. pp. 7-37.
    In the United States, convicted offenders frequently lose the right to vote, at least temporarily. Drawing on the common observation that citizens of color lose democratic rights at disproportionately high rates, this chapter argues that this punishment is problematic in non-ideal societies because of the way in which it diminishes the political power of marginalized groups and threatens to reproduce patterns of domination and subordination, when they occur. This chapter then uses the case of penal disenfranchisement to illustrate how idealized (...)
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