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  1. Standing to Punish the Disadvantaged.Benjamin S. Yost - 2022 - Criminal Law and Philosophy (3):1-23.
    Many philosophers and legal theorists worry about punishing the socially disadvantaged as severely as their advantaged counterparts. One philosophically popular explanation of this concern is couched in terms of moral standing: seriously unjust states are said to lack standing to condemn disadvantaged offenders. If this is the case, institutional condemnation of disadvantaged offenders (especially via hard treatment) will often be unjust. I describe two problems with canonical versions of this view. First, its proponents groundlessly claim that disadvantaged offenders may be (...)
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  • Standing to Punish the Disadvantaged.Benjamin S. Yost - 2023 - Criminal Law and Philosophy 17 (3):711-733.
    Many philosophers and legal theorists worry about punishing the socially disadvantaged as severely as their advantaged counterparts. One philosophically popular explanation of this concern is couched in terms of moral standing: seriously unjust states are said to lack standing to condemn disadvantaged offenders. If this is the case, institutional condemnation of disadvantaged offenders (especially via hard treatment) will often be unjust. I describe two problems with canonical versions of this view. First, its proponents groundlessly claim that disadvantaged offenders may be (...)
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  • Injustice and the right to punish.Göran Duus-Otterström & Erin I. Kelly - 2019 - Philosophy Compass 14 (2):e12565.
    Injustice can undermine the standing states have to blame criminal offenders, and this raises a difficulty for a range of punishment theories that depend on a state's moral authority. When a state lacks the moral authority that flows from political legitimacy, its right to punish criminal lawbreakers cannot depend on a systematic claim about the legitimacy of the law. Instead, an unjust state is permitted to punish only criminal acts whose wrongness is established directly by morality, and only when criminal (...)
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  • Capacity as Philosophy: A Review of Richard Lippke’s, The Ethics of Plea Bargaining: Richard L. Lippke: The Ethics of Plea Bargaining. Oxford: Oxford University Press, 2011, 258pp, ISBN: 98-0-19-964146-8. [REVIEW]Sarah Armstrong - 2014 - Criminal Law and Philosophy 8 (1):265-281.
    Plea bargaining is a response to capacity overload in the criminal justice system. It both preserves and belies the right to trial, making possible its glorious display but only by denying it in most cases. While plea bargaining has been documented and analysed copiously in historical, sociological and legal terms, its ethical status as an institutional practice are hazy. Richard Lippke offers an account of plea bargaining that draws on the normative debates over responsibility, culpability and desert, in aid of (...)
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