¿It is more important to me to explain a [philosophical] principle than any other thing that I teach.¿ (Rambam, Mishna Berachot, 9:7)Illuminating Jewish Thought is a contemporary, multi-volume series that surveys the theological foundations of Jewish faith. With the approach and scope of a master educator for undergraduate and rabbinical students at Yeshiva University, Rabbi Wiederblank brings together a wide array of Jewish texts ranging from philosophical to Kabbalistic, ancient to modern, in a clear and accessible source book. In (...) this volume, the author shows the richness of the Jewish scholastic tradition relating to three fundamental yet esoteric topics: free will, the afterlife, and the messianic era. Primary sources are presented in their original language with modern English translation, enabling readers to analyze the texts independently, while the author illuminates and contextualizes these complex concepts. Altogether, Illuminating Jewish Thought reveals the bedrock on which lies the nexus of Jewish belief and practice. (shrink)

This article advances a censure-based case against sentences of life imprisonment without the possibility of parole. Our argument justifies a retributive “second look” assessment of long-term priso...

Osiurak and Reynaud highlight the critical role of technical-reasoning skills in the emergence of human cumulative technological culture, in contrast to previous accounts foregrounding social-reasoning skills as key to CTC. We question their analysis of the available evidence, yet for other reasons applaud the emphasis on causal understanding as central to the adaptive and collaborative dynamics of CTC.

The relationship between the purposes of sentencing and imprisonment can be variously conceptualized. The paper theorizes and contrasts two models of sentencing and prison relations—continuity and separation. The continuity model assumes continuity between sentencing and prison regime. Under this model, all sentencing purposes may impact prison regime. The separation model distinguishes between the purposes of sentencing and of imprisonment. Under the separation model, the retributive element of imprisonment is completely fulfilled by depriving the prisoner of liberty. Retributive considerations can affect (...) only the duration of the sentence, while prison regime is determined solely according to rehabilitation/risk and prison security considerations. The paper problematizes the separation model as it suffers from two difficulties: (a) the idea that the retributive element of imprisonment is fully fulfilled by depriving the prisoner’s liberty undermines the “hard treatment” element of the retributive punishment. Relatedly, since no prison regime can deprive a person solely of liberty no custodial sentence can be justified; (b) given the inability to isolate the denial of liberty as the only deprivation of imprisonment, the separation model also encourages judges to underestimate and feel less responsible for the full meaning of their decision to imprison. Finally, the paper will argue that liberal prison conditions may (and should) be achieved even when seeing retribution as relevant for prison life and will offer possible ways to do so. (shrink)

Scholars depict punishment as a moral dialogue between the community and the offender, which addresses both the offender’s crime and character. However, how the penal message evolves vis a vis that crime and character as it passes through the different stages of the criminal process has remained under-theorized. This article, building on communicative theory, explores the interrelation between crime and character along the penal process, from sentencing, through prison, to parole release. We argue that in the penal dialogue the relationship (...) between crime and character evolves in a dynamic way through three phases: separateness (sentencing), fusion (prison), and re-distinction (parole) of crime and character. The proposed analysis develops the communicative meaning of the penal process, provides a normative account of the work of punishment administration authorities, and explores applications of our proposed normative analysis for the administration of the punishment. (shrink)

Retributivism is one of the most prevalent theories in contemporary penal theory. However, despite its popularity it is frequently argued that too little attention has been paid to the implications of retributivism for prison management and prison life, including prison visits and furlough. More so, it has been questioned both whether the various forms of retributivism found in the philosophical literature on criminal punishment have anything to say about what prison life ought to be like and whether they are able (...) to criticize deeply contested rules and practices, such as those that deny inmates contact with family-members for the sake of prison discipline. In this paper, we argue that prison visits and furlough have a crucial role in a prison system based on retributivist principles. In particular, we argue that the communicative theory of punishment has important theoretical resources for proving a strong and compelling rationale for both furlough and visitation on retributivist grounds. Besides exploring this rationale, we also discuss the practical implications of this view for the penal policy. (shrink)

This article seeks to reveal, conceptualize, and analyze a trend in the development of the retributive theory of punishment since the beginning of the 21st century. We term this trend “retributarianism.” It is reflected in the emergence of retributive approaches that through expanding the concepts of censure and culpability extend the relevant time-frame for assessing the deserved punishment beyond the sentencing moment. These retributarian approaches are characterized by the individualization of retributivism. On one hand, retributarianism shares with classic retributivism the (...) rhetoric of justice, a focus on the moral evaluation of the severity of the offense, and the primary importance ascribed to maintaining proportionality. On the other hand, it shares with utilitarianism the possibility of taking into account, in addition to the severity of the offense, the offender’s personal circumstances, with a future-oriented perspective that also considers developments subsequent to the commission of the offense. This article analyzes the emergence of retributarianism, suggests possible explanations for its development, and assesses its possible implications for penal theory and policy. (shrink)

Fitouchi et al.'s moral disciplining approach highlights the significant role social evaluations of self-control appear to play in human moral judgment. At the same time, attributing the wide range of puritanical concerns to a singular focus on self-control seems unwarranted. A more pluralistic approach would enrich understanding of moral judgment in all its cultural and historical diversity.

Is copyright a property right? Common law and civil law jurists have debated that issue for over three centuries. It remains at the heart of battles over copyright’s scope and duration today, even if its import lies principally in the rhetorical force of labeling a right as "property," not in any doctrinal consequence flowing directly from that label. In parallel to their common law and civil law counterparts, presentday rabbinic jurists engage in lively debate about whether Jewish law recognizes copyright (...) as a property right. And, as in secular law but for different reasons, that issue has significant repercussions in Jewish law. As discussed in rabbinic court decisions and writings, whether Jewish law accords authors a right of ownership in their works impacts such issues as whether it is permissible, without license from the author or publisher, to copy and distribute software and sound recordings, perform music in wedding halls, make copies for private and classroom use, and download songs from the Internet. There are numerous, and at times profound, differences in the terminology, form of argument, doctrinal specifics, and overarching legal framework of Jewish and secular law. Nonetheless, the arguments within the Jewish law debate have some intriguing parallels with those of secular copyright law. In fact, one finds the direct, if largely unstated, influence of secular copyright just below the surface in the debate in Jewish law about whether copyright is property. (shrink)

State agents’ misconduct (SAM), such as the violations carried out by the police or prosecution, may harm an offender’s rights during the criminal process in various ways. What, if anything, can retributivism, as an offense-focused theory that looks to the past, offer in response to SAM? The goal of this essay is to advance a retribution-based framework for responding to SAM within the criminal process. Two retribution-based arguments are provided. First, a retribution-based response to SAM aims to protect the legitimacy (...) of the criminal process. Such an argument is based on how the crime and punishment connect to the moral standing of the state and that connection’s meaning for the legitimacy of the trial (legitimacy-based argument). Second, a retribution-based response to SAM aims to consider the offender’s side of the penal dialogue and promote a more accurate calibration of the penal suffering (compensation-based argument). Based on these arguments, the essay theorizes the legal response for SAM in US and non-US traditions through the retributive lens. The essay concludes with a call for expanding the multiple roles for retributive logic to include the actions of law-enforcement actors and addresses what that expansion means for the justice of the criminal process. (shrink)