This paper examines the reasons why corporal punishment in the judicial sphere has fallen into moral disfavour in recent decades. Standard objections to the practice, both practical and ethical, are considered and found to be inconclusive. It is argued that corporal punishment is not inevitably more cruel or demeaning than conventionally preferred punitive methods and that consideration should be given to its limited experimental reintroduction.

Patrick Lenta’s Corporal Punishment: A Philosophical Assessment provides a thorough, well-researched, accessible, and philosophically convincing examination of the normative status of the corporal...

In this paper I consider arguments advanced by supporters of corporal punishment and argue that they have failed to show that this practice is justified on either consequentialist or retributivist grounds. Not only are there alternative punishments that bring about as much (if not more) benefit at a lower cost, but corporal punishment poses a risk of psychological harm to children and violates children’s rights. I conclude that corporal punishment is morally impermissible and that it ought to (...) be criminalized. (shrink)

This study examines Indian teachers’ perceptions of corporal punishment, the reasons why CP still persists despite a ban, and the ways in which CP controversy reflects on social climate of the schools. Drawing from literature on custodial views of pupil control and systems theories, this qualitative study primarily uses observations and interviews to examine teachers’ perceptions related to use of CP in Delhi, India. Based on the data analysis this study concludes that alternatives to CP and successful implementation of (...) the CP ban depend on compatibility between local and national sociocultural norms, teachers’ attitudes and beliefs towards the policies’ objectives, and the availability of resources. This study helps with understanding educator’s perception of corporal punishment as a disciplinary tool to spur meaningful action and change in the society. Additionally, this study creates a context for the policy-makers to develop equitable policies capable of helping teachers effectively to de... (shrink)

Most of us think that states are justified in incarcerating criminals, sometimes for decades. In this paper I suggest that if states are justified in this, they are also justified in inflicting certain forms of corporal punishment. Many forms of corporal punishment are less burdensome than long-term incarceration, and arguably, they are also cheaper, fairer, more deterring, and less destructive of the social and economic networks that convicts often depend on for future reintegration into society. After presenting a (...) pro tanto case for corporal punishment, I consider a number of objections. I conclude that although there are genuine downsides to corporal punishment that must be taken very seriously, the case for the judicial use of this punishment method is much stronger than what is commonly assumed. (shrink)

There is a peak in peer victimization during middle childhood, with multiple negative consequences. Parental use of corporal punishment and child aggression are the most widely studied predictors of this phenomenon. The aim of the present study was to analyze whether parental use of corporal punishment affects peer victimization through child aggression. This mediation model was explored for both mothers and fathers and for both physical and relational forms of aggression and peer victimization. Furthermore, we also analyzed whether (...) the mediation models were moderated by the sex of the child. Participants were 234 third graders. Child aggression and victimization were measured by peers using the Mini Direct Indirect Aggression Inventory. Independent measures of mother’s and father’s use of corporal punishment were obtained from a PCA of items from the Parental Styles and Dimensions Questionnaire. Conditional process modeling was carried out using a macro for SPSS developed by Hayes. Results indicated that aggression mediated the relation of parental corporal punishment to peer victimization. Some interesting moderating effects of sex in this mediation model were found; specifically, physical, and relational aggression mediated the relation of maternal corporal punishment to peer victimization only in boys. Few studies to date have addressed the connection between aggressive behavior and peer victimization as outcomes of corporal punishment, taking into consideration the role of parent’s and child’s sex, and both physical and relational forms of aggression and victimization during childhood. (shrink)

The aim of this article is to determine whether fixed courses of judicial corporal punishment and non-abusive corporal punishment of children amount to torture. I assess the reasons that have been offered for distinguishing fixed courses of JCP from torture and argue that none is successful. I argue that non-consensual JCP that inflicts severe pain is appropriately classifiable as torture, but that JCP that inflicts mild pain and entirely consensual JCP are not torturous. I consider whether any of (...) the reasons offered for distinguishing JCP from torture can distinguish non-abusive CPC from torture given certain important differences between CPC and JCP. I submit that none of these reasons is successful. I consider other possible reasons for distinguishing non-abusive CPC that inflicts severe pain from torture and argue that none is successful. I conclude that fixed courses of non-consensual JCP which inflict severe pain and non-abusive CPC that inflicts severe pain are correctly classifiable as torture. (shrink)

Corporate Punishment: A Proposal is an exercise in logic and creative thinking. I shall argue that no good reasons exist for the supposition that corporations have rights independent of the rights and interests of the persons they serve and that the error of treating corporations as though they do have autonomous rights derives from a sloppy argument from analogy. I shall further argue that the analogy of corporations to citizens, though pushed too far by some courts and lawmakers, remains a (...) useful analogy if its logical relations can be cleaned up and clarified. Finally, I shall conclude this essay by employing the refurbished analogy in such a way that it yields a proposal for more effective criminal punishment for corporate wrongdoing. (shrink)

Patrick Lenta’s Corporal Punishment: A Philosophical Assessment provides a thorough, well-researched, accessible, and philosophically convincing examination of the normative status of the corporal...

Some societies used to impose liability on inanimate objects, a practice we’d now regard as silly and confused. When we punish corporations today, are we making similar mistakes? Here I consider some important sources of philosophical skepticism about imposing criminal liability on corporations, and I argue that they admit of answers, which places punishing corporations on stronger footing than punishing inanimate objects. First, I consider the eligibility challenge, which asserts that corporations are not the right kind of thing to be (...) punished. Second, the reductionist challenge insists that corporate culpability always reduces to individual culpability. I suggest that progress can be made in addressing these challenges by asking the right law-focused questions and attending to recent developments in criminal law theory and moral philosophy. (shrink)

Practitioners of education in South Africa (SA) struggle painfully between the extremes of its authoritarian and deeply religious roots that prescribe blind obedience to people in authority and their elders, and the demands of open-mindedness, critical thinking and also solidarity required for democratic citizenship. A particular pedagogy was used with some 400 student teachers to investigate philosophically the rights and wrongs of corporal punishment in schools. This article justifies the use of this particular approach to moral education ? despite (...) its ?Western? liberal roots ? in post-apartheid SA as it opens up a non-judgemental space to explore philosophically what students actually believe. Without moralising or slipping into moral relativism, such philosophical teaching increases student participation, autonomy and self-discipline, and at the same time develops moral reasoning and moral knowledge. Hence, it needs to be introduced as a pedagogy in institutions that educate future teachers. (shrink)

This study examines whether penalties issued to Chinese listed companies by securities regulators for violations of corporate law affect the cost of debt, and the moderating role of corporate social responsibility fulfillment on this relationship. Our sample consists of firms listed on Shanghai and Shenzhen stock exchanges from 2011 to 2017 and the data are collected from the announcements of China Securities Regulatory Commission. The findings are as follows: punishment announcements by regulatory authorities increase the cost of debt; and the (...) effect of punishment announcements on the cost of debt is partially offset by prior CSR performance. These findings are shown to be robust. The reputation insurance effect of CSR is more pronounced in state-owned enterprises and in an institutional environment with low marketization, a weak legal environment, and low information transparency. The findings support the reputation insurance hypothesis of CSR and employ the cost of debt as a governance mechanism. (shrink)

Name der Zeitschrift: Journal of Ancient History Jahrgang: 4 Heft: 2 Seiten: 240-264.

Scholars addressing the moral status of corporations are motivated by a pair of conflicting anxieties: If corporations are not moral agents, we will be unable to blame them for their wrongs. But if corporations are moral agents, we will have to recognize corporate moral rights, and the legal rights that flow therefrom. In early and under-appreciated work, Tom Donaldson sought to allay both concerns at once: Corporations, he argued, are not moral persons, and so are not eligible for many of (...) the rights that persons enjoy; but they are moral agents, and so ought to bear responsibility in many of the ways that persons do. This article offers a sympathetic critique of the Donaldsonian strategy. I argue that, as it has been elaborated, the strategy necessarily fails. Nonetheless the strategy embodies a worthy aim and so I seek to provide an alternative way to vindicate it. (shrink)

Investors with a pro-social or sustainability agenda increasingly attempt to influence firm managers to adopt socially responsible behavior, either through positive/reward tactics or negative/punishment tactics. This paper considers how investors can use each approach to differentially influence managers to make more CSR investments. The paper uses game theory with an all-pay contest structure to model how a large institutional investor could reward firms for CSR activities by creating a socially responsible investment fund (reward contest) or punish firms via shareholder activism (...) (punishment contest). We identify conditions under which the punishment contest induces a higher level of CSR activity among firms compared to the reward contest. Managers bearing substantial private costs stemming from the activism is one such condition. Spillover effects are seen as the other managers in the economy engage in CSR to avoid being punished by the investor’s activism. This level of engagement is not the case when rewards are used—only those managers with an expectation of being rewarded increase their CSR activity in that scenario. This suggests, for example, that incorporating thresholds or tiers (e.g. gold, silver, and bronze-level winners) can increase the effectiveness of reward contests. Implications for designing both positive and negative CSR inducements are explored. We also identify the ethical dilemmas that relate to such influence attempts. (shrink)

This article analyzes the relationship between corporate social responsibility (CSR) decoupling and financial market outcomes. CSR decoupling refers to the gap between CSR disclosure and CSR performance. More specifically, we analyze the effect of CSR decoupling on analysts’ forecast errors, cost of capital, and access to finance. We also examine the moderating effect of forecast errors on relationships between CSR decoupling and cost of capital and access to finance. For a sample of U.S. firms consisting of 7,681 firm-year observations for (...) the period 2006–2015, our empirical evidence supports the idea that a wider gap results in higher analysts’ forecast errors, a greater cost of capital, and reduced access to finance. In addition, our results show that forecast errors enhance the effect of the CSR decoupling on cost of capital and access to financial resources. We also note that external monitoring, in the form of greater analysts’ coverage, reduces CSR decoupling. (shrink)

Theoretical evidence suggests that corporate social irresponsibility (CSI) should produce long-lasting negative influences on firm performance. Yet, little empirical evidence exists in the literature to support this time-embedded research frame. This research was conducted by collecting a large set of firm data and by employing a series of vector autoregressive models to map out the longitudinal dynamic relationships between CSI and firm value under high versus low levels of two external factors, environmental dynamism and competition intensity, and one internal factor, (...) firm capability. The results show that CSI’s negative influences endure in scenarios such as high dynamism, high competition intensity, and low capability, but it has only a short-term impact on low-dynamism markets and does not produce significant effects on firm value under low-competition or high-capability conditions. These findings yield useful implications for CSI, resource-based theory, and environment theories as well as for managerial effectiveness of coping with social negativities. (shrink)

This essay poses the question of whether grassroots organizations can provide an alternative center of authority to the state in inducing multinational corporations to incorporate human rights criteria in their investment and trade decisions. In examining the anti-apartheid movement and attempts to replicate it in the 1990s in the campaigns against corporate involvement in Burma and Nigeria, it presents a mixed picture. In each case, citizen pressures increased the costs and risks of "business as usual" with target states and induced (...) corporations either to undertake social obligations or to disengage beyond what was required by national regulations or market forces. At the same time, nonstate actors are limited by the fact that they can induce but, unlike the state, cannot command corporate behavior; their success is dependent upon state policies; and their most powerful weapon—municipal procurement power—has been predominantly a U.S. phenomenon. (shrink)

This paper explores the relationship between attitudes to corporate social responsibility (CSR) and the cultural dimensions of business activity identified by Hofstede & Hofstede using a sample of nearly 90,000 stakeholders drawn from 28 countries. We develop five general propositions relating attitudes to CSR to aspects of culture. We show that the propensity of consumers to punish firms for bad behaviour varies in ways that appear to relate closely to the cultural characteristics identified by Hofstede. Furthermore, this variation appears to (...) be understandable in terms of the standard interpretation of the Hofstede dimensions, suggesting that cultural variation in the attitudes of consumers may play an important role in helping us to understand variations in CSR across countries. This in turn has implications for how managers of multinational companies should implement CSR strategies in different cultural contexts. (shrink)

This paper explores the relationship between attitudes to corporate social responsibility (CSR) and the cultural dimensions of business activity identified by Hofstede & Hofstede using a sample of nearly 90,000 stakeholders drawn from 28 countries. We develop five general propositions relating attitudes to CSR to aspects of culture. We show that the propensity of consumers to punish firms for bad behaviour varies in ways that appear to relate closely to the cultural characteristics identified by Hofstede. Furthermore, this variation appears to (...) be understandable in terms of the standard interpretation of the Hofstede dimensions, suggesting that cultural variation in the attitudes of consumers may play an important role in helping us to understand variations in CSR across countries. This in turn has implications for how managers of multinational companies should implement CSR strategies in different cultural contexts. (shrink)

Shannon Shipp argues for the Modified Vendetta Sanction as a method of corporate-collective punishment. He claims that this sanction evades the difficulties of Peter French's Hester Prynne Sanction. In this paper I argue that, though the Modified Vendetta Sanction evades the problems that Shipp poses for it, it fails to evade some of the difficulties that I pose for French's method. Moreover, there are some difficulties that plague the Modified Vendetta Sanction which do not count against the Hester Prynne Sanction. (...) Therefore, if my analysis holds, then Shipp's method neither improves significantly on the Hester Prynne Sanction nor is unproblematic in its own right. The significance of this paper is that it foils yet another attempt by some corporate punishment theorists to establish the plausibility of a method of corporate-collective punishment. (shrink)

In the Gorgias, Socrates argues that just punishment, though painful, benefits the unjust person by removing injustice from her soul. This paper argues that Socrates thinks the true judge (i) will never use corporal punishment, because such procedures do not remove injustice from the soul; (ii) will use refutations and rebukes as punishments that reveal and focus attention on psychological disorder (= injustice); and (iii) will use confiscation, exile, and death to remove external goods that facilitate unjust action.

Methods of punishing corporations have changed from self-regulation to economic sanctions by government as corporations have evolved from small groups of entrepreneurs to multinational entities. It is proposed that the next stage in the evolution of punishment methods is modified vendettas, or organized attempts by non-government groups to influence corporations through the application of economic and non-economic sanctions.This paper develops the concept of modified vendettas as a complement to government-initiated economic sanctions. The effectiveness of modified vendettas is analyzed through two (...) case examples. As with any punishment method, however, the usefulness of a modified vendetta depends not only on its effectiveness but also on how well it meets society's needs to monitor and check corporate activity while preserving corporations' rights to operate. To resolve this issue, modified vendettas are assessed using a philosophical framework incorporating both retributive and utilitarian principles. It is found that modified vendettas extend society's ability to control corporate behavior while corporations have legal and public relations means to protect themselves from frivolous use of the technique. Did you ever expect a corporation to have a conscience, when it has no soul to be damned, and no body to be kicked? (Baron Thurlow). (shrink)

This new second edition of Punishment includes a revised and expanded defence of the groundbreaking unified theory of punishment that brings together elements of retribution, deterrence and rehabilitation into a new coherent framework. Thom Brooks expands the chapter length case studies from capital punishment, juvenile offending, domestic violence and sex crimes to include new chapters on social media offences and corporate liability addressing some of today's most pressing issues in criminal justice.

If one can judge a society by how it treats its prisoners, one can surely judge a society by how it treats cognitively- and learning-impaired children. In the United States children with physical and cognitive impairments are subjected to higher rates of corporal punishment than are non-disabled children. Children with disabilities make up just over 13% of the student population in the U.S. yet make up over 18% of those children who receive corporal punishment. Autistic children are among (...) the most likely to receive corporal punishment. -/- Although they may deny or redescribe particular instances of corporal punishment or their use of restraints, educators defend such actions as legitimate punishment. In this paper, I assess the logic underlying the use of restraints and corporal punishment on autistic children by educators. The rationalizations for the corporal punishment or restraint of autistics stems from the educator’s desire to control the autistic children so as to end typical autistic behaviors such as rocking, repetitive verbalizations, or “flapping” but also the autistic child’s non-affective responses such as not appearing to feel remorse or shame or the absence of a verbal acknowledgement of remorse or shame. The educators assume that the autistic’s failure to exhibit the desired responses is evidence of the autistic’s moral incorrigibility and is, therefore, evidence of the appropriateness of corporal punishment. But this assumption of the incorrigibility of the autistic child is questionable. -/- Indeed accepting this incorrigibility assumption reveals two important problems. First, instructors using physical punishment on autistic children do not understand autism. Second, they are not working with a tenable conception of punishment. Any action undertaken to induce socially acceptable behaviors (whether it be the end of autistic acts or responses such as remorse) is to fail to understand what the legitimate punishment of children is about. (shrink)

Whether causing flash crashes in financial markets, purchasing illegal drugs, or running over pedestrians, AI is increasingly engaging in activity that would be criminal for a natural person, or even an artificial person like a corporation. We argue that criminal law falls short in cases where an AI causes certain types of harm and there are no practically or legally identifiable upstream criminal actors. This Article explores potential solutions to this problem, focusing on holding AI directly criminally liable where it (...) is acting autonomously and irreducibly. Conventional wisdom holds that punishing AI is incongruous with basic criminal law principles such as the capacity for culpability and the requirement of a guilty mind. -/- Drawing on analogies to corporate and strict criminal liability, as well as familiar imputation principles, we show how a coherent theoretical case can be constructed for AI punishment. AI punishment could result in general deterrence and expressive benefits, and it need not run afoul of negative limitations such as punishing in excess of culpability. Ultimately, however, punishing AI is not justified, because it might entail significant costs and it would certainly require radical legal changes. Modest changes to existing criminal laws that target persons, together with potentially expanded civil liability, are a better solution to AI crime. (shrink)

Incarceration remains the foremost form of sentence for serious crimes in Western democracies. At the same time, the management of prisons and of the prison population has become a major real-world challenge, with growing concerns about overcrowding, the offenders’ well-being, and the failure of achieving the distal desideratum of reduced criminality, all of which have a moral dimension. In no small part motivated by these practical problems, the focus of the present article is on the ethical framework that we use (...) in thinking about and administering criminal justice. I start with an analysis of imprisonment and its permissibility as a punitive tool of justice. In particular, I present a novel argument against punitive imprisonment, showing it to fall short in meeting two key criteria of just punishment, namely (i) that the appropriate individual is being punished, and (ii) that the punishment can be adequately moderated to reflect the seriousness of the crime. The principles I argue for and that the aforementioned analysis brings to the fore, rooted in the sentient experience, firstly of victims, and not only of victims but also of the offenders as well as the society at large, then lead me to elucidate the broader framework of jurisprudence that I then apply more widely. Hence, while rejecting punitive imprisonment, I use its identified shortcomings to argue for the reinstitution of forms of punishment that are, incongruently, presently not seen as permissible, such as corporal punishment and punishments dismissed on the basis of being seen as humiliating. I also present a novel view of capital punishment, which, in contradiction to its name, I reject for punitive aims, but which I argue is permissible on compassionate grounds. (shrink)

Although company narratives frequently emphasize impressive sales numbers and market leadership, such an organizational “top dog” narrative can backfire when companies are accused of engaging in unethical conduct. This research demonstrates, through a series of nine (_N_ = 3872) experimental studies, that an organizational top dog (vs. underdog) narrative increases the intended punishment of company moral transgressions but not non-moral transgressions. Such differences in intended punishment emerge because observers infer that organizations with a top dog narrative use predominantly dominance-based strategies (...) to achieve their status, whereas companies with an underdog narrative are less likely perceived as employing such strategies. We provide preliminary evidence that a debiasing intervention decreases the harsher punishment of organizations with a top dog narrative but does not affect the punishment of organizations with an underdog narrative. (shrink)

Taking its cue from modern debates on the expressive function of punishment, this paper discusses the stigmatizing effect of penalties in classical Athens. It focuses on corporal punishment, which was discursively associated in the Athenian public discourse with slaves and other fringe groups of the citizen community, despite the fact that in reality, with only certain restrictions, it was meted out to all social tiers making up the polis-community. Unlike other penalties, those affecting the body were not only public, (...) but not infrequently spectacular. This turned them into versatile devices of stigmatization whereby the punishment itself was no longer considered a one-off event, but a permanent mark branding the person who suffered it as a social outcast. (shrink)

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 (...) of punishments, this book explores – among others – retribution, the communicative theory of punishment, restorative justice and the unified theory of punishment. Thom Brooks applies these theories to several case studies in detail, including capital punishment, juvenile offending and domestic violence. Punishment highlights the problems and prospects of different approaches in order to argue for a more pluralistic and compelling perspective that is novel and ground-breaking. This second edition has extensive revisions and updates to all chapters, including an all-new chapter on the unified theory substantively redrafted and new chapters on cyber-crimes and social media as well as corporate crimes. Punishment is essential reading for undergraduate and graduate students in philosophy, criminal justice, criminology, justice studies, law, political science and sociology. "Lucid, fair-minded, and well-informed, Thom Brooks’ Punishment offers a superb introduction to a complex and contentious subject. Many a perplexed student will find illumination in his patient discussion of each of the leading theories. The way Brooks shows their interconnectedness and application in practice – to capital punishment, juvenile offenders, domestic violence, and the like – will interest not only students but scholars as well." ―Stuart P. Green, Distinguished Professor of Law and Nathan L. Jacobs Scholar, Rutgers School of Law "As a topic in moral and political philosophy, punishment has been jolted back to life. In the last quarter century, retribution has returned with a vengeance, both in the theoretical literature and (with a very different emphasis) in public policy. The rise of the victim as a player in the criminal justice system has also fuelled a counter-trend, placing an emphasis on redress. Human rights, privatization, globalization, the rise of the therapist, the lobbyist, the terrorist: all have affected our ways of punishing and of thinking about punishment. A new survey of the terrain is overdue. And who better to conduct it than Thom Brooks, whose grasp of the literature and feel for the issues is second to none? From the noble ideals of ‘communicative’ theory to the grim realities of children in prison: in Punishment Brooks covers it all with insight, rigour, and energy." ―John Gardner, Professor of Jurisprudence, University of Oxford "Thom Brooks has produced a valuable introduction to, and critical survey of, current theoretical approaches to punishment together with an analysis of their implications for practice. In addition, he has provided a spirited defence of a new, unified theory inspired by the British Idealists and encompassing retributive, consequentialist, and restorative elements. Written in a lucid and engaging style, the book will interest a wide range of readers – students, theorists of punishment, as well as those engaged in criminal justice policy." ―Alan Brudner, Albert Abel Professor Emeritus, Faculty of Law, University of Toronto. (shrink)

Humans have a strong sense of who should be punished, when, and how. Many features of these intuitions are consistent with a simple adaptive model: Punishment evolved as a mechanism to teach social partners how to behave in future interactions. Yet, it is clear that punishment as practiced in modern contexts transcends any biologically evolved mechanism; it also depends on cultural institutions including the criminal justice system and many smaller analogs in churches, corporations, clubs, classrooms, and so on. These institutions (...) can be thought of as a kind of ‘exaptation’: a culturally evolved set of norms that exploits biologically evolved intuitions about when punishment is deserved in order to achieve cooperative benefits for social groups. (shrink)

Properly speaking, the corporation, considered as an entity distinct from its members, cannot be morally responsible for wrongful corporate acts. Setting aside (in this abstract) acts brought about through negligence or omissions, we may say that moral responsibility for an act attaches to that agent (or agents) in whom the act "originates" in this sense: (1) the agent formed the (mental) intention or plan to bring about that act (possibly with the help of others) and (2) the act was intentionally (...) brought about through bodily movements over which that agent had direct control (i.e. the kind of direct mental control that I have over the body I refer to as "my" body) and through which the agent carried out his (mental) intention or plan. Corporate acts do not thus originate in some corporate entity distinct from its members because the corporation has neither a mind to form intentions nor a body it directly controls: it lacks the proper mind/body unity. Instead, corporate acts originate in individual autonomous human beings who make up the corporation and who intentionally bring about corporate acts through their own bodily movements. Such human individuals, and not "the corporation," are morally responsible for corporate acts. Moreover, to say that an entity is "morally responsible" for a wrongful act is to say that the entity is liable to blame and punishment. But it is not possible to impose blame and punishment on a corporation without inflicting it on corporate members. Thus, to say that a corporation (as an entity distinct from its members) is "morally responsible" for a wrongful corporate act is to imply that a (possibly innocent) corporate member legitimately may be punished for something for which another entity was morally responsible. This violates the moral principles that underlie blame and punishment. To hold that the corporation can be morally responsible for its acts is to adopt a dangerous organicism. (shrink)