38 found
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  1.  38
    The Social Epistemology of Legal Trials.Jon Robson & Zachary Hoskins - 2021 - Routledge.
    "This collection is the first book-length examination of the various epistemological issues underlying legal trials. Trials are, among other things, centrally concerned with determining truth: whether a criminal defendant has in fact culpably committed the act of which they are accused, or whether a civil defendant is in fact responsible for the damages alleged by the plaintiff. But are trials truth-conducive? Assessing the value of trials as truth-seeking endeavors requires that we consider a host of underlying social epistemological questions. The (...)
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  2. Fair Play, Political Obligation, and Punishment.Zachary Hoskins - 2011 - Criminal Law and Philosophy 5 (1):53-71.
    This paper attempts to establish that, and explain why, the practice of punishing offenders is in principle morally permissible. My account is a nonstandard version of the fair play view, according to which punishment 's permissibility derives from reciprocal obligations shared by members of a political community, understood as a mutually beneficial, cooperative venture. Most fair play views portray punishment as an appropriate means of removing the unfair advantage an offender gains relative to law-abiding members of the community. Such views (...)
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  3. Ex‐offender Restrictions.Zachary Hoskins - 2014 - Journal of Applied Philosophy 31 (1):33-48.
    Individuals convicted of crimes are often subject to numerous restrictions — on housing, employment, the vote, public assistance, and other goods — well after they have completed their sentences, and in some cases permanently. The question of whether — and if so, when — ex-offender restrictions are morally permissible has received surprisingly little philosophical scrutiny. This article first examines the significance of completing punishment, of paying one's debt to society, and contends that when offenders' debts are paid, they should be (...)
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  4. ''Deterrent Punishment and Respect for Persons''.Zachary Hoskins - 2011 - Ohio State Journal of Criminal Law 8 (2):369-384.
    This article defends deterrence as an aim of punishment. Specifically, I contend that a system of punishment aimed at deterrence (with constraints to prohibit punishing the innocent or excessively punishing the guilty) is consistent with the liberal principle of respect for offenders as autonomous moral persons. I consider three versions of the objection that deterrent punishment fails to respect offenders. The first version, raised by Jeffrie Murphy and others, charges that deterrent punishment uses offenders as mere means to securing the (...)
     
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  5.  59
    Beyond Punishment? A Normative Account of the Collateral Legal Consequences of Conviction.Zachary Hoskins - 2019 - New York, USA: Oxford University Press.
    People convicted of crimes are subject to a criminal sentence, but they also face a host of other restrictive legal measures: Some are denied access to jobs, housing, welfare, the vote, or other goods. Some may be deported, may be subjected to continued detention, or may have their criminal records made publicly accessible. These measures are often more burdensome than the formal sentence itself. -/- In Beyond Punishment?, Zachary Hoskins offers a philosophical examination of these burdensome legal measures, called collateral (...)
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  6.  28
    Public Reason and the Justification of Punishment.Zachary Hoskins - 2022 - Criminal Justice Ethics 41 (2):121-141.
    Chad Flanders has argued that retributivism is inconsistent with John Rawls’s core notion of public reason, which sets out those considerations on which legitimate exercises of state power can be based. Flanders asserts that retributivism is grounded in claims about which people can reasonably disagree and are thus not suitable grounds for public policy. This essay contends that Rawls’s notion of public reason does not provide a basis for rejecting retributivist justifications of punishment. I argue that Flanders’s interpretation of public (...)
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  7. Punishment, Contempt, and the Prospect of Moral Reform.Zachary Hoskins - 2013 - Criminal Justice Ethics 32 (1):1-18.
    This paper objects to certain forms of punishments, such as supermax confinement, on grounds that they are inappropriately contemptuous. Building on discussions in Kant and elsewhere, I flesh out what I take to be salient features of contempt, features that make contempt especially troubling as a form of moral regard and treatment. As problematic as contempt may be in the interpersonal context, I contend that it is especially troubling when a person is treated contemptuously by her political community’s institutions -- (...)
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  8. Collateral Restrictions.Zachary Hoskins - 2015 - In Chad Flanders & Zachary Hoskins (eds.), The New Philosophy of Criminal Law. London, UK: Rowman & Littlefield International. pp. 249-265.
     
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  9. Punishment.Zachary Hoskins - 2016 - Analysis 77 (3):anw022.
    Philosophical writing about the legal practice of punishment has traditionally focused on two central questions: what (if anything) justifies the practice of tr.
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  10.  65
    Criminalization and the Collateral Consequences of Conviction.Zachary Hoskins - 2018 - Criminal Law and Philosophy 12 (4):625-639.
    Convicted offenders face a host of so-called “collateral” consequences: formal measures such as legal restrictions on voting, employment, housing, or public assistance, as well as informal consequences such as stigma, family tensions, and financial insecurity. These consequences extend well beyond an offender’s criminal sentence itself and are frequently more burdensome than the sentence. This essay considers two respects in which collateral consequences may be relevant to the question of what the state should, or may, criminalize. First, they may be relevant (...)
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  11. Hybrid Theories of Punishment.Zachary Hoskins - 2020 - In Farah Focquaert, Bruce Waller & Elizabeth Shaw (eds.), Routledge Handbook on the Philosophy and Science of Punishment. London: Routledge. pp. 37-48.
     
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  12.  33
    ''Punishing States and the Spectre of Guilt by Association''.Zachary Hoskins - 2014 - International Criminal Law Review 14 (4-5):901-919.
    Proponents of punishing states often claim that such punishment would not distribute to members of the state, and so it would not subject innocent citizens – those who did not participate in the crimes, or dissented, or even were among the victims – to guilt by association. This essay examines three features of state punishment that might be said not to distribute to citizens: it is burdensome, it is intentionally so, and it expresses social condemnation. Ultimately, I contend that when (...)
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  13.  32
    Collateral Legal Consequences and Criminal Sentencing.Zachary Hoskins - 2023 - American Philosophical Quarterly 60 (2):117-130.
    A criminal conviction can trigger numerous burdensome legal consequences beyond the formal sentence. Some charge that these “collateral” legal consequences (CLCs) constitute additional measures of punishment, which raises the further question of whether judges should consider these CLCs when making sentencing decisions, reducing the formal sentence in proportion to the severity of the CLCs the defendant will face. The idea that all CLCs constitute forms of punishment reflects a particular conception of punishment, which I call the “minimalist view.” In this (...)
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  14.  22
    Punishment's Burdens on the Innocent.Zachary Hoskins - forthcoming - Journal of Applied Philosophy.
    Critics of state punishment have frequently pointed out that its imposition sometimes involves the infliction of burdens on innocent people: namely, those falsely convicted of crimes and punished. Punishment also creates significant burdens for innocent children and other dependents of those punished (social stigma, financial stress, direct abuse, and so on). But these burdens on innocents have received much less philosophical attention than the burdens created for the falsely convicted. This article examines five lines of argument that might lead one (...)
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  15. Anger and Punishment.Zachary Hoskins - 2020 - In Court D. Lewis & Gregory L. Bock (eds.), The Ethics of Anger. Lexington Books. pp. 227-49.
     
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  16.  44
    Education, Civic Empowerment, and Race.Zachary Hoskins - 2015 - Social Philosophy Today 31:163-168.
    Meira Levinson’s No Citizen Left Behind is a thoughtful, accessible, philosophically rich look at civic education in U.S. schools. The book’s central claims are, on the whole, quite persuasive. In the interests of fostering further discussion, this essay raises some questions about the book’s accounts of racial microaggressions in schools, the extent of authenticity in student experiences, and the practice of code-switching.
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  17.  19
    Editors’ Introduction.Zachary Hoskins & Joan Woolfrey - 2018 - Social Philosophy Today 34:1-4.
  18.  27
    (1 other version)Editors' Introduction.Zachary Hoskins, Joan Woolfrey & Gregory Hoskins - 2019 - Social Philosophy Today 35:1-5.
  19. (1 other version)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. Bloomsbury. pp. 51-69.
     
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  20.  17
    Introduction.Zachary Hoskins & Joan Woolfrey - 2017 - Social Philosophy Today 33:1-5.
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  21.  13
    Introduction.Zachary Hoskins & Joan Woolfrey - 2022 - Social Philosophy Today 38:1-4.
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  22.  7
    Justice: social, criminal, juvenile.Zachary Hoskins & Joan Woolfrey (eds.) - 2018 - Charlottesville, Virginia: Published on behalf of the North American Society for Social Philosophy by the Philosophy Documentation Center.
    This volume contains a selection of papers presented at the 34th International Social Philosophy Conference (2017), an annual event sponsored by the North American Society for Social Philosophy. The theme of the conference was "Justice: Social, Criminal, Juvenile"; this volume invites wider discussion of the issues explored at the conference.
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  23. Multiple-Offense Sentencing Discounts: Score One for Hybrid Accounts of Punishment.Zachary Hoskins - 2017 - In Jesper Ryberg, Julian V. Roberts & Jan Willem de Keijser (eds.), Sentencing Multiple Crimes. New York, USA: Oxford University Press. pp. 75-93.
    This chapter examines one intuitively appealing legal practice for which retributivist accounts struggle to find justification: multiple-offense sentencing discounts. It also considers several proposed strategies for justifying bulk discounts on the basis of retributivism. Three strategies are discussed: those that appeal to an absolute punishment maximum, those that appeal to interpersonal practices of blame and making amends, and those that suggest that perpetrators of multiple offenses sometimes have reduced culpability. The chapter argues that each of these strategies either is implausible (...)
     
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  24.  60
    On Highest Authority.Zachary Hoskins - 2009 - Social Theory and Practice 35 (3):393-412.
    This paper examines whether religious reasons have a legitimate place in a liberal democracy's policy debates. Robert Audi, building from Rawlsian themes, contends that civic virtue obliges religious citizens who advocate for public policies to have sufficiently motivating secular reasons. Others contend it's unfair to exclude reasonable citizens from policy debates merely because their only reasons are religious ones. This essay seeks to reconcile the intuitions behind these competing views. I examine Audi's account of the differences between religious and secular (...)
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  25. The Moral Permissibility of Punishment.Zachary Hoskins - 2014 - Internet Encyclopedia of Philosophy.
    The Moral Permissibility of Punishment The legal institution of punishment presents a distinctive moral challenge because it involves a state’s infliction of intentionally harsh, or burdensome, treatment on some of its members—treatment that typically would be considered morally impermissible. Most of us would agree, for instance, that it is typically impermissible to imprison people, to […].
     
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  26. The moral permissibility of punishment.Zachary Hoskins - 2014 - In .
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  27.  49
    International Criminal Law and Philosophy.Larry May & Zachary Hoskins (eds.) - 2010 - Cambridge University Press.
    International Criminal Law and Philosophy is the first anthology to bring together legal and philosophical theorists to examine the normative and conceptual foundations of international criminal law. In particular, through these essays the international group of authors addresses questions of state sovereignty; of groups, rather than individuals, as perpetrators and victims of international crimes; of international criminal law and the promotion of human rights and social justice; and of what comes after international criminal prosecutions, namely, punishment and reconciliation. International criminal (...)
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  28.  17
    The New Philosophy of Criminal Law.Chad Flanders & Zachary Hoskins (eds.) - 2015 - London, UK: Rowman & Littlefield International.
    This volume is a collection of twelve new essays, authored by leading philosophers and legal theorists, examining the central conceptual and normative questions underlying our institutions of criminal law.
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  29. Against Incapacitative Punishment.Zachary Hoskins - 2019 - In Jan W. De Keijser, Julian V. Roberts & Jesper Ryberg (eds.), Predictive Sentencing: Normative and Empirical Perspectives. Hart Publishing. pp. 89-105.
     
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  30. ''Correlative Obligations''.Zachary Hoskins - 2011 - In Deen K. Chatterjee (ed.), Encyclopedia of Global Justice. Springer.
     
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  31. ''Hard Times After Hard Time''.Zachary Hoskins & Nora Wikoff - 2013 - In Joanna Crosby, Seth Vannatta & David Bdzak (eds.), The Wire and Philosophy. Open Court Books.
     
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  32. ''Non-combatant Immunity''.Zachary Hoskins - 2011 - In Deen K. Chatterjee (ed.), Encyclopedia of Global Justice. Springer.
  33. ''Obligation''.Zachary Hoskins - 2013 - In James E. Crimmins (ed.), The Bloomsbury Encyclopedia of Utilitarianism. New York: Bloomsbury Publishing.
     
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  34. Prosecutors, Guilty Pleas, and the Consequences of a Conviction.Zachary Hoskins - 2016 - In Emily Crookston, David Killoren & Jonathan Trerise (eds.), Ethics in Politics: The Rights and Obligations of Individual Political Agents. New York: Routledge. pp. 305-318.
  35.  26
    Book Review: Recidivist Punishments: The Philosopher’s View, edited by Claudio Tamburrini and Jesper Ryberg. [REVIEW]Zachary Hoskins - 2014 - Journal of Moral Philosophy 11 (4):531-534.
  36.  20
    Lara Denis , Kant’s Metaphysics of Morals: A Critical Guide. [REVIEW]Zachary Hoskins - 2013 - Journal of Moral Philosophy 10 (3):361-364.
  37.  27
    Review of Mark Dsouza’s Rationale - Based Defences in Criminal Law. [REVIEW]Zachary Hoskins - 2020 - Criminal Law and Philosophy 14 (1):135-140.
    Mark Dsouza’s new book, Rationale-Based Defences in Criminal Law, aims to shed new light on the question of how to conceptualize justifications and excuses as defenses against criminal liability. His offers an alternative to the common account on which justifications negate the wrongness of acts whereas excuses negate only the actor’s blameworthiness but not the act’s wrongness. Instead, Dsouza contends that the justification–excuse distinction is entirely a matter of the quality of the defendant’s reasoning. His account of justifications is generally (...)
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  38.  59
    Review: The value of humanity in Kant's moral theory - by Richard Dean. [REVIEW]Zachary Hoskins - 2008 - Philosophical Books 49 (2):150-152.