In this paper, we offer a defense of non-punitive measures as morally justified responses to crime within a framework of society as a fair system of cooperation among free and equal individuals. Our argument proceeds in three steps. First, we elaborate on the premises of our argument: we situate criminal acts within a model of society as a fair system of cooperation, identify the types of unfair disadvantages crimes bring about, and consider the social aim of the (...) criminal justice system. Next, we reject the claim defended by fair-play retributivists that fairness considerations make punishment a necessary response to criminal acts. In the last step, we demonstrate that it is rather non-punitive responses to crime that are warranted under the principle of fairness and, as such, are morally justified. We conclude the paper by rejecting two possible objections to our defense: the “responsibility gap” and the “victims’ claim to justice” objections. (shrink)

In “The Immorality of Punishment”, Michael Zimmerman attempts to show that punishment is morally unjustified and therefore wrong. In this response, I focus on two main questions. First, I examine whether Zimmerman’s empirical claims—concerning our inability to identify wrongdoers who satisfy conditions on blameworthiness and who might be reformed through punishment, and the comparative efficacy of punitive and non-punitive responses to crime—stand up to scrutiny. Second, I argue that his crucial argument from luck depends on claims (...) about counterfactuals that ought to be rejected. I conclude that though his arguments are powerful, they fall short of his ambitious aim of demonstrating that punishment is always seriously wrong. (shrink)

The article discusses retributive justice and punitive restraint in response to the worst types of crime. I take the Breivik Case as a starting point. Anders Behring Breivik was sentenced to 21 years of preventive detention for killing 69 people, mainly youths, at Utøya and 8 people in Oslo on July 22nd, 2011. Retributivist theories as well as commonly held retributive intuitions suggest that much harsher punishment is required for such crimes. According to some retributivist theories, most notably (...) on the influential theories of Kant and Hegel, the death penalty is warranted for murderers like Breivik. This suggests that the rationale for punitive restraint in a case like the Breivik Case can only be found in forward- looking, consequentialist theories of punishment, or by adding to retributivist theories a side-constraint in the form of a principle of parsimony. However, I argue that if we look closer at the function of punishment in the retributivist theories of Kant and Hegel, they too imply a rationale for punitive restraint, even for such horrific crimes as here discussed. Against Kant and Hegel’s own views on the death penalty, I argue that their broader “freedom theories” of retributive justice do not imply the justice of the death penalty or life imprisonment. In the last part of the article, I explore differences in the concepts of freedom entailed by Kant and Hegel’s theories, and I relate these to some of the background factors relevant to the Breivik Case. (shrink)

There is considerable variability across people in their punitive responses to employee offenses in the workplace. We attempt to explain this variability by positing a novel antecedent of punishment: moral recognition. We find consistent evidence that identifying moral considerations and implications for workplace offenses predicts punitive responses toward employees who commit those offenses. Drawing on functional theoretical accounts of morality and punishment, we posit that people are motivated to punish others to the extent that they believe (...) a moral offense has been committed, because much of what it means to commit a moral offense (as opposed to a non-moral offense) is to act in a way that prevents, or inhibits, cooperative behavior to achieve social goals. Punishment can discourage group members from committing those offenses in the future, thereby regulating behavior in a way that facilitates cooperation and social cohesion. We offer correlational and causal evidence that the link between moral recognition and punishment is explained, in part, by participants’ beliefs that committing these offenses prevents cooperative behavior to achieve organization-related goals. (shrink)

In this article I explore ways to argue about punishment of personal representations in virtual reality. I will defend the idea that such punishing might sometimes be morally required. I offer four different lines of argument: one consequentialistic, one appealing to an idea of appropriateness, one using the notion of organic wholes, and one starting from a supposed inability to determine the limits of the extension of the moral agent. I conclude that all four approaches could, in some cases, justify (...) punishing a virtual reality representation; an avatar. As a consequence of my conclusion, I suggest that our institutionalized criminal justice system must be broadened in scope and punitive measures, in order to cover the new and difficult cases arising in virtual reality. (shrink)

"International and domestic laws commonly hold states responsible for their wrongdoings. States pay compensation for their unjust wars, and reparations for their historical wrongdoings. Some argue that states should incur punitive damages for their international crimes. But there is a troubling aspect to these practices: States are corporate agents, comprised of flesh and blood citizens. When the state uses the public purse to finance its corporate liabilities, the burden falls on these citizens, even if they protested against the state's (...) policies, did not know about them, or entirely lacked channels of political influence. How can this "distributive effect" of state-level responsibly be justified? The book develops an answer to this question, which revolves around citizens' participation in their state. It argues that citizenship can be a type of massive collective action, where citizens willingly orient themselves around the authority of their state, and where state policies are the product of this collective action. While most ordinary citizens are not to blame for their participation in their state, they nevertheless ought to accept a share of the remedial obligations that flow from their state's wrongful policies. However, the distributive effect cannot be justified in all states. Specifically, in non-democratic states most citizens are not participating in their state in the full sense, and should not pay for their state's wrongdoings. This finding calls then for a revision of the way we hold states responsible in both the domestic and international levels"--. (shrink)

Punishment involves the intentional infliction of harm and suffering. Both of the most prominent families of justifications of punishment – retributivism and consequentialism – face several moral concerns that are hard to overcome. Moreover, the effectiveness of current criminal punishment methods in ensuring society’s safety is seriously undermined by empirical research. Thus, it appears to be a moral imperative for a modern and humane society to seek alternative means of administering justice. The special issue of Diametros “The Abolition of Punishment: (...) Is a Non-Punitive Criminal Justice System Ethically Justified?” was brought into life precisely to give the authors a platform for such progressive inquiries. And it is now safe to say that this platform has been put to excellent use, since Valerij Zisman, Alexander Stachurski, Giorgia Brucato, Perica Jovchevski, Sofia M. I. Jeppsson, Stephen G. Morris, Benjamin Vilhauer, John Lemos, Saul Smilansky, Elizabeth Shaw, Mirko Farina, Andrea Lavazza and Sergei Levin have presented such thought-provoking texts that they are bound to set the stage for debate in the years to come. This article is an introduction to this special issue and to the authors’ papers. (shrink)

In his book, philosopher and law professor Ken Levy explains why he agrees with most people, but not with most other philosophers, about free will and responsibility. Most people believe that we have both - that is, that our choices, decisions, and actions are neither determined nor undetermined but rather fully self-determined. By contrast, most philosophers understand just how difficult it is to defend this "metaphysical libertarian" position. So they tend to opt for two other theories: "responsibility skepticism" and "compatibilism". (...) In opposition to both of these theories, Levy explains how free will and responsibility are indeed metaphysically possible. But he also cautions against the dogma that metaphysical libertarianism is actually true, a widespread belief that continues to cause serious social, political, and legal harms. Levy's book presents a crisp, tight, historically informed discussion, with fresh clarity, insight, and originality. It will become one of the definitive resources for students, academics, and general readers in this critical intersection among metaphysics, ethics, and criminal law. Key features: Presents a unique, qualified defense of "metaphysical libertarianism," the idea that our choices, decisions, and actions can be fully self-determined. Written clearly, accessibly, and with minimal jargon - rare for a book on the very difficult issues of free will and responsibility. Seamlessly connects philosophical, legal, psychological, and political issues. Will be provocative and insightful for professional philosophers, students, and non-philosophers. (shrink)

In The Culture of Control Garland describes the ‘policy predicament’ of late modern society as involving the normality of high crime rates and the acknowledged limitations of the criminal justice system. This combination has triggered a contradictory range of policy responses that Garland describes as adaptive and non‐adaptive, with the non‐adaptive responses characterised as ‘denial’ and ‘acting out’. Garland’s invocation of these Freudian constructs invites a more fully developed psychoanalytic reading of the contemporary landscape of penal policy. (...) Drawing on the writings of Jung and Freud as well as more recent psychoanalytic interpretations of punishment and punitiveness, we aim in this paper to put the Culture of Control ‘on the couch’. That is, we try to draw out some of the psychoanalytic themes that Garland so tantalisingly dangles before us, and begin to flesh out the implications of a full‐fledged psychoanalytic interpretation of Garland’s argument. (shrink)

The subject of the book is responsibility for collective crime. Collective crime is an act committed by a significant number of the members of a group, in the name of all members of that group, with the support of the majority of group members, and against individuals targeted on the basis of their belonging to a different group.The central claim is that all members of the group in whose name collective crime is committed share responsibility for it. (...) This book's special interest is with analytical and normative defense of arguments that purport to explain reasons for, and the character of, responsibility of decent people. Those who did not intend, support, or committed wrong, are still accountable in a non-vicarious manner. The basis of their responsibility is the crime-specific relationship between group identity and personal identity. (shrink)

Different societies came to consider certain behaviors as morally wrong, and, in time, due to a more or less general practice, those behaviors have also become legally prohibited. While, nowadays, the existence of legal responsibility of states and individuals for certain reprehensible acts committed during an armed conflict, international or non-international, is hard to be disputed, an inquiry into the manner in which the behavior of the belligerents has come to be considered reveals long discussions in the field of morals (...) and theory of morality, and, especially, regarding the different manner of establishing the elements to whom obedience is rather owed (the divinity, the sovereign, the law) and the relations between these. Hence, the present paper aims at analyzing the connections between moral responsibility and legal responsibility for wrongful behaviur during war in a diachronic approach, along with the major shifts in paradigm (codification and individual liability). Understanding morality as practice, convention, custom, we are arguing that the nowadays requirement of liability for war crimes appeared due to an assumed intention and practice of the decision-making entities (the sovereign, the state) and, ultimately, to a decision-making process of the most influential states. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Reviewed by:Redeeming a Prison Society: A Liturgical and Sacramental Response to Mass Incarceration by Amy LevadLloyd SteffenRedeeming a Prison Society: A Liturgical and Sacramental Response to Mass Incarceration Amy Levad minneapolis: fortress press, 2014. 233 pp. $39.00.Amy Levad (University of St. Thomas) has added a theological voice to the national conversation that Michelle Alexander opened with her devastating critique of the American criminal justice system in The New Jim (...) Crow: Mass Incarceration in the Age of Colorblindness. Alexander showed how policies grounded in the war on drugs have disproportionately distressed racial and ethnic minorities—African Americans and Latinos—and the poor, destroying lives and communities. Incarceration in the United States is today a system that perpetuates what Alexander called a “caste” system from which escape is, especially among black males, virtually impossible. In this informed and well-presented study, Levad takes up Alexander’s social justice analysis, extending it in new directions, offering a creative theological contribution to the mass incarceration crisis in the world’s first “genuine prison society.”Levad observes that a limitation in the Christian response to mass incarceration is the “lack of Catholic voices” (47), which her book makes an effort to correct. She draws on core insights of Catholic tradition to address conditions that foster crime while also responding “to the ways in which the criminal justice crisis both reflects and sustains social injustices” (48). Her book offers a wonderfully clear analysis of mass incarceration and related issues such as recidivism strategies and policing policies. She advocates “pulling levers,” policing policies that aim at avoiding prison, versus harsh “window-breaking” policies that for deterrence reasons criminalize even minor offences. Levad addresses theories of punishment, proposes ideas for prison reform, and, while acknowledging a limited need for prisons, sets forth constructive suggestions for how best to decarcerate society through restorative justice and rehabilitation practices that reintegrate offenders into society.The study is a provocative interdisciplinary conversation between criminology and theology. Levad’s focus is on liturgy and sacrament, the central resources of Roman Catholic theology, finding in the Eucharist the theological [End Page 204] model for inviting the marginalized and dispossessed into the common fellowship of human dignity. She then argues that penance and reconciliation yield attitudes and behaviors that parallel secular restorative justice efforts. Advocating alternatives to prison while denying the effectiveness of punitive retribution, Levad critiques the approaches of the US Conference of Catholic Bishops and other Catholics. She highlights Kathryn Soltis as a Catholic scholar who uses theological resources to affirm the dignity of prisoners, attend to the common good, and seek ways to repair relationships between victims and offenders.Some of Levad’s ideas could be developed further. Pluralism, for instance, is mentioned as a contextual issue for her theological work but never thoroughly developed. Utilitarianism is denied a constructive ethics role, but Levad’s discussion of recidivism appeals to it as a marker of the common good (122). And Levad’s attention to the internal failures of the Church in confronting social justice issues leads one to wonder whether the decarcerated vision of society she desires is practicable.Levad speaks to the heart of the incarceration crisis in America, challenging the willingness of Americans to “throw people away” (198) through imprisonment—especially the young, the poor, and minorities. With her underlying question of “what kind of people we want to be and what we want our communities to be like” (43), Levad presents readers with a distinctive “vision of justice in God’s reign conveyed by liturgy and sacraments” (197). With that, she has accomplished what she set out to do: confront the social injustice of mass incarceration with the best insights of modern criminology but also with a theological perspective that embodies the struggle to realize an engaged Catholic praxis of justice.Lloyd SteffenLehigh UniversityCopyright © 2016 Society of Christian Ethics... (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Reviewed by:Redeeming a Prison Society: A Liturgical and Sacramental Response to Mass Incarceration by Amy LevadLloyd SteffenRedeeming a Prison Society: A Liturgical and Sacramental Response to Mass Incarceration Amy Levad minneapolis: fortress press, 2014. 233 pp. $39.00.Amy Levad (University of St. Thomas) has added a theological voice to the national conversation that Michelle Alexander opened with her devastating critique of the American criminal justice system in The New Jim (...) Crow: Mass Incarceration in the Age of Colorblindness. Alexander showed how policies grounded in the war on drugs have disproportionately distressed racial and ethnic minorities—African Americans and Latinos—and the poor, destroying lives and communities. Incarceration in the United States is today a system that perpetuates what Alexander called a “caste” system from which escape is, especially among black males, virtually impossible. In this informed and well-presented study, Levad takes up Alexander’s social justice analysis, extending it in new directions, offering a creative theological contribution to the mass incarceration crisis in the world’s first “genuine prison society.”Levad observes that a limitation in the Christian response to mass incarceration is the “lack of Catholic voices” (47), which her book makes an effort to correct. She draws on core insights of Catholic tradition to address conditions that foster crime while also responding “to the ways in which the criminal justice crisis both reflects and sustains social injustices” (48). Her book offers a wonderfully clear analysis of mass incarceration and related issues such as recidivism strategies and policing policies. She advocates “pulling levers,” policing policies that aim at avoiding prison, versus harsh “window-breaking” policies that for deterrence reasons criminalize even minor offences. Levad addresses theories of punishment, proposes ideas for prison reform, and, while acknowledging a limited need for prisons, sets forth constructive suggestions for how best to decarcerate society through restorative justice and rehabilitation practices that reintegrate offenders into society.The study is a provocative interdisciplinary conversation between criminology and theology. Levad’s focus is on liturgy and sacrament, the central resources of Roman Catholic theology, finding in the Eucharist the theological [End Page 204] model for inviting the marginalized and dispossessed into the common fellowship of human dignity. She then argues that penance and reconciliation yield attitudes and behaviors that parallel secular restorative justice efforts. Advocating alternatives to prison while denying the effectiveness of punitive retribution, Levad critiques the approaches of the US Conference of Catholic Bishops and other Catholics. She highlights Kathryn Soltis as a Catholic scholar who uses theological resources to affirm the dignity of prisoners, attend to the common good, and seek ways to repair relationships between victims and offenders.Some of Levad’s ideas could be developed further. Pluralism, for instance, is mentioned as a contextual issue for her theological work but never thoroughly developed. Utilitarianism is denied a constructive ethics role, but Levad’s discussion of recidivism appeals to it as a marker of the common good (122). And Levad’s attention to the internal failures of the Church in confronting social justice issues leads one to wonder whether the decarcerated vision of society she desires is practicable.Levad speaks to the heart of the incarceration crisis in America, challenging the willingness of Americans to “throw people away” (198) through imprisonment—especially the young, the poor, and minorities. With her underlying question of “what kind of people we want to be and what we want our communities to be like” (43), Levad presents readers with a distinctive “vision of justice in God’s reign conveyed by liturgy and sacraments” (197). With that, she has accomplished what she set out to do: confront the social injustice of mass incarceration with the best insights of modern criminology but also with a theological perspective that embodies the struggle to realize an engaged Catholic praxis of justice.Lloyd SteffenLehigh UniversityCopyright © 2016 Society of Christian Ethics... (shrink)

This Special Issue is an outcome of the lectures and discussions on ‘Cross-cutting Themes and Concepts in Human Rights’, offered as a Seminar Course to the students of the MA Programme, School of International Studies, Jawaharlal Nehru University. As part of the Course, a Webinar on ‘Rethinking Rights and Justice for Non-Humans’ was held in 2022, in which the participants advanced some of the most compelling arguments for the meaningful representation of non-human entities in law and governance. In the three (...) sessions of the webinar, the participants explored the terrain of relevant concepts, emerging norms, and moral justifications that underline the case of non-human entities: (i) The Limits of Animal Rights: Exploring the Case for Multispecies Justice, (ii) Humanist Dimensions of Machines, and (iii) Representing Nature: Rights, Crimes, and Diplomacy. Scholarly literature on the subject matter sheds light on the gaps in existing legal frameworks concerning the responsibilities of human beings towards non-human life forms. There is evidence of a growing universal consciousness embedded in the worth and sacredness of non-human life forms. A series of developments in the fields of technology, philosophy, and other disciplines have moved non-human entities to the forefront of legal reforms, domestic and international. (shrink)

This chapter will argue that the criminal law is most compatible with a specific theory regarding the mind/body relationship: non-eliminative reductionism. Criminal responsibility rests upon mental causation: a defendant is found criminally responsible for an act where she possesses certain culpable mental states (mens rea under the law) that are causally related to criminal harm. If we assume the widely accepted position of ontological physicalism, which holds that only one sort of thing exists in the world – physical stuff – (...) non-eliminative reductive physicalism about the mind offers the most plausible account of the full-bodied mental causation criminal responsibility requires. Other theories of the mind/body relationship, including elminativism and non-reductive physicalism, threaten criminal responsibility because they do not offer satisfactory accounts of mental causation. Eliminativism, as the name implies, eliminates the mental or is skeptical that it can do the causal work necessary to responsibility; and non-reductive theories disconnect the mental from the physical/casual world such that the mental can no longer have reliable causal effects. (shrink)

Neurosurgeon Sergio Canavero proposed the HEAVEN procedure – i.e. head anastomosis venture – several years ago, and has recently received approval from the relevant regulatory bodies to perform this body-head transplant in China. The BHT procedure involves attaching the donor body to the head of the recipient, and discarding the body of R and head of D. Canavero’s proposed procedure will be incredibly difficult from a medical standpoint. Aside from medical doubt, the BHT has been met with great resistance from (...) many, if not most bio- and neuroethicists.Given both the known challenges and unknown outcomes of HEAVEN, several important neuroethical and legal questions have emerged should Canavero be successful, including: What are the implications for transplantology in the U.S., inclusive of issues of expense, distributive justice, organizational procedures, and the cost of novel insight? How do bioethical and neuroethical principles, and legal regulations of human subject research apply? What are the legal consequences for Canavero performing a BHT? What are the tentative implications for the metaphysical and legal identity of R should they survive post-BHT? These questions are analyzed, issues are identified, and several solutions are proposed in an attempt to re-configure HEAVEN into a safe, clinically effective, and thus realistically viable procedure.Notably, the permissibility of conducting the BHT in China fosters additional, important questions, focal to whether Western ethics and professional norms be used to guide the BHT – or any neuroscientific research and its use - in non-Western countries, such as China; if the models of responsible conduct of research are identical, similar, or applicable to the intent and conduct of research in China; and what economic and political implications are fostered if/when such avant garde techniques are successful.These questions are discussed as a further impetus to develop a globally applicable neuroethical framework that would enable both local articulation and cosmopolitan inquiry and oversight of those methods and approaches deemed problematic, if and when rendered in more international settings. (shrink)

A growing body of literature has examined managers’ use of restorative practices in the workplace. However, little is currently known about why managers use restorative practices as opposed to alternative responses. We employed a qualitative interview technique to develop an inductive model of managers’ restorative versus punitive response in the context of employee wrongdoing. The findings reveal a set of key motivating and moderating influences on the manager’s decision to respond to wrongdoing in a restorative versus punitive (...) manner. The findings also suggest that managers’ personal needs and perceived duties in the aftermath of employee wrongdoing are generally more consistent with restorative responses than punishment responses, which helps explain managers’ use of restorative workplace practices. (shrink)

In many countries the military still threatens to punish personnel that disobey orders for the sake of self‐preservation. The Uniform Code of Military Justice (UCMJ) in the U.S., for instance, makes it a crime for a soldier to refuse a directive from a superior unless what that order requires is “patently unlawful”. This qualification is usually interpreted narrowly to cover orders to commit war crimes or to victimize civilians, not orders that would require sacrifice of life or limb. In (...) other words, soldiers are afforded some right of conscientious disobedience, but no right of non‐conscientious, self‐regarding disobedience.We would not think it morally justifiable for any civilian employer to demand and enforce obedience unto death. In most countries it is not legally justifiable, either. The U.S. Occupational Safety and Health Act (1970), for instance, grants workers a right to disobey an instruction and request an official workplace inspection if ever ever they believe that an “imminent danger” exists, where this is defined in terms of a reasonable expectation “of death or serious physical harm.” 5 The Act protects employees who exercise this right from discharge or retaliation. If it is not permissible for civilian employers to enforce compliance with such “imminently dangerous” directives, then why is it permissible for the military? This paper consider a number of possible responses to this question. (shrink)

International Human Rights Law is clear in holding only states or state-like entities responsible for human rights abuses, yet activists and philosophers alike do not see any rational basis for this restriction in responsibility. Multi-national corporations, individuals and a whole array of other 'non‐state actors' are capable of harming vital human interests just as much as states, so why single-out the latter as human rights-responsible agents? In this paper I distinguish two ways of looking at human rights responsibility. One is (...) simply in terms of the outcomes that are deemed desirable to avoid (or secure), and the other is in terms of the relationships one sees these moral standards as governing. I argue that the peculiar form of responsibility and responsiveness (the way of 'holding to account')inherent to human rights principles is directed at establishing a particular type of relationship: one in which individuals are empowered in the face of a very special form of communal power. Other kinds of relationship and potential transgression are more appropriately governed by different kinds of moral principles, such as those relating to criminality. The outcomes view fails to incorporate this insight and for that reason fails to see the distinct role played by human rights standards in our moral reasoning: they are precisely valuable because they provide a way to judge the relationship of individuals to the peculiar kind of power exercised by the state. Part of this project is a re-assessment of the methodology employed by philosophers in establishing moral principles and concepts, such as those relating to human rights standards. (shrink)

Traditional notions of crime control often position the police against an individual, known or not yet known, who is responsible for the commission of a crime. However, with increasingly sophisticated technology, policing increasingly prioritizes the prevention of crime, making it necessary to ascertain who, or what class of persons, may be the next likely criminal before a crime can be committed, termed predictive policing. This causes a shift from individualized suspicion toward predictive profiling that may sway (...) the expectations of a police patrol. Classically, where a patrol officer forms reasonable suspicion prior to a stop, it is based upon his/her analysis of the situation taken as a whole in context. However, where a predictive profile is employed, information available to the officer accordingly adjusts his/her perception of context and affects the application of the reasonable suspicion standard. This article addresses the way in which new approaches to forming reasonable suspicion affect the due process protection of individuals’ fundamental rights. It argues that while an officer still operates with good faith discretion, using predictive profiling causes reasonable suspicion to be based on an augmented understanding of reality and as a result, due process guarantees are weakened. The rights to non-discrimination and the presumption of innocence are assessed and argued as illustrative of this weakening and shift in policing standards. The article ultimately argues that while predictive policing cannot be categorically labeled as inconsistent with criminal justice, changes as seemingly moderate as the manner in which discretion operates have larger effects on individuals’ rights. (shrink)

In this study we test how the composition of crime news articles contributes to reader perceptions of the moral blameworthiness of vehicular homicide offenders. After employing a rigorous process to develop realistic experimental vignettes about vehicular homicide in Minnesota, we deploy a survey to test differential assignments of suggested punishment. We find that readers respond to having very little information by choosing neutral or mid-point levels of punishment, but increase recommended punishment based on information about morally charged conduct. By (...) contrast, information about the perpetrator’s immigration status caused respondents to split into two groups on whether the offense deserves neutral or increased punishment. We find that political ideology strongly influences recommendations for more severe punishment when the immigration status of the perpetrator is revealed. We argue that this difference represents a moral dimension to punishment and blameworthiness that incorporates factors outside the active offense and therefore reveals the social influence of differential reporting in shaping public perception. (shrink)

Adherents to reconciliation, restorative justice, and related approaches to dealing with social conflict are well known for seeking to minimize punishment, in favor of offenders hearing out victims, making an apology, and effecting compensation for wrongful harm as well as victims forgiving offenders and accepting their reintegration into society. In contrast, I maintain that social reconciliation and similar concepts in fact characteristically require punishment but do not require forgiveness. I argue that a reconciliatory response to crime that includes (...) class='Hi'>punitive disavowal but not necessarily forgiveness is supported by an analogy with resolving two-person conflict and by relational facets of human dignity. I also specify a novel account of the type of penalty that is justified by reconciliation, namely, burdensome labor that is likely to foster moral reform on the part of wrongdoers and to compensate their victims, which would serve neither retributive nor deterrent functions. I illustrate this conception of punishment in contexts that include having cheated on an exam at a university, engaged in criminal behavior such as robbery, and committed atrocities during large-scale social conflict. (shrink)

Martin Wrights original ground-breaking and influential analysis of the defects of the adversarial system of justice, plus the arguments in favour of a more ...

We evaluate people all the time for a wide variety of activities. We blame them for miscalculations, uninspired art, and committing crimes. We praise them for detailed brushwork, a superb pass, and their acts of kindness. We accomplish things, from solving crosswords to mastering guitar solos. We bungle our endeavors, whether this is letting a friend down or burning dinner. Sometimes these deeds are morally significant, but many times they are not. Simply Responsible defends the radical proposal that the blameworthy (...) artist is responsible in just the same way that the blameworthy thief is. We can be responsible for all kinds of different activities, from lip-synching to long division, from murders to meringues, but the relation involved, what author Matt King calls the basic responsibility relation, is the same in every case. We are responsible for the things we do first, then blameworthy or praiseworthy for having done them in light of whether they're good or bad, according to a variety of standards. Why is this a radical proposal? Firstly, because so much of the contemporary literature on moral responsibility has moralized its nature. According to most accounts, moral responsibility is either a special species of responsibility or else depends on moralized capacities. In contrast, King argues that we get a more complete and unifying picture of responsible agency from a more general theory of responsibility. Secondly, the proposal is radical due to its drastic simplicity. King foregoes many of the complications that feature in other accounts of responsibility, arguing that we can make do with less demanding theoretical elements. (shrink)

What do we know about war crimes and justice? What are the discursive practices through which the dominant images of war crimes, atrocity and justice are understood? In this wide ranging text, Michael J. Shapiro contrasts the justice-related imagery of the war crimes trial with?literary justice?: representations in literature, film, and biographical testimony, raising questions about atrocities and justice that juridical proceedings exclude. By engaging with the ambiguities exposed by the artistic and experiential genres, reading them alongside policy and archival (...) documentation and critical theoretical discourses, Shapiro?s War Crimes, Atrocity, and Justice challenges traditional notions of?responsibility? in juridical settings. His comparative readings instead encourage a focus on the conditions of possibility for war crimes as they arise from the actions of states, non-state agencies and individuals involved in arms trading, peace keeping, sex trafficking, and law enforcement and adjudication. Theory springs to life as Shapiro draws on examples from legal discourse, literature, media, film, and television, to build a nuanced picture of politics and the problem of justice. It will be of great interest to students of film and media, literature, cultural studies, contemporary philosophy and political science. (shrink)

What do we know about war crimes and justice? What are the discursive practices through which the dominant images of war crimes, atrocity and justice are understood? In this wide ranging text, Michael J. Shapiro contrasts the justice-related imagery of the war crimes trial with literary justice: representations in literature, film, and biographical testimony, raising questions about atrocities and justice that juridical proceedings exclude. By engaging with the ambiguities exposed by the artistic and experiential genres, reading them alongside policy and (...) archival documentation and critical theoretical discourses, Shapiros War Crimes, Atrocity, and Justice challenges traditional notions of responsibility in juridical settings. His comparative readings instead encourage a focus on the conditions of possibility for war crimes as they arise from the actions of states, non-state agencies and individuals involved in arms trading, peace keeping, sex trafficking, and law enforcement and adjudication. Theory springs to life as Shapiro draws on examples from legal discourse, literature, media, film, and television, to build a nuanced picture of politics and the problem of justice. It will be of great interest to students of film and media, literature, cultural studies, contemporary philosophy and political science. (shrink)

This is a response to the four essays on Wrongs and Crimes.

This paper is a response to Tyler Wunder’s ‘The modality of theism and probabilistic natural theology: a tension in Alvin Plantinga's philosophy’ (this journal). In his article, Wunder argues that if the proponent of the Evolutionary Argument Against Naturalism (EAAN) holds theism to be non-contingent and frames the argument in terms of objective probability, that the EAAN is either unsound or theism is necessarily false. I argue that a modest revision of the EAAN renders Wunder’s objection irrelevant, and that this (...) revision actually widens the scope of the argument. (shrink)

Critics of Divine Command Theory (DCT) argue that DCT implies the following counterpossible is true: If God commanded us to perform a terrible act, then the terrible act would be morally obligatory. However, our intuitions tell us that such a counterpossible is false. Therefore, DCT fails. This is the counterpossible terrible commands objection. In this paper, I argue that the counterpossible terrible commands objection fails. I start by considering a standard response by DCT proponents that appeals to vacuism—the view that (...) all counterpossibles are vacuously true. I argue that DCT proponents should pursue a different response instead. I then go on to provide a new response to the counterpossible terrible commands objection: I argue that we lack reason to think that the counterpossible in question is false by examining the underlying intuitions. (shrink)

In his paper The Opposite of Human Enhancement: Nanotechnology and the Blind Chicken problem (Nanoethics 2:305–316, 2008) Paul Thompson argues that the possibility of disenhancing animals in order to improve animal welfare poses a philosophical conundrum. Although many people intuitively think such disenhancement would be morally impermissible, it’s difficult to find good arguments to support such intuitions. In this brief response to Thompson, I accept that there’s a conundrum here. But I argue that if we seriously consider whether creating beings (...) can harm or benefit them, and introduce the non-identity problem to discussions of animal disehancement, the conundrum is even deeper than Thompson suggests. (shrink)

Within the notion of punishment in the Yoruba culture, the physical and non-physical aspects of human existence are reconciled to arrive at a justifiable punitive action. The metaphysical presuppositions in Yoruba punitive system reflect a coherent interconnection among social structure, law and belief system for the harmonious human well-being of the individual and the community. Furthermore, the judicious imposition of punitive measures on the offender establishes the significance of attributing responsibility for every human action without antagonism and (...) animosity. Nevertheless, the offender, within the tradition, is restitutively reconciled with himself, the victim and the community at large. The social order based on these principles creates and modifies the contemporary understanding of penology and penal practice. (shrink)

Donald Davidson established causalism, i.e. the view that reasons are causes and that action explanation is causal explanation, as the dominant view within contemporary action theory. According to his “master argument”, we must distinguish between reasons the agent merely has and reasons she has and which actually explain what she did, and the only, or at any rate the best, way to make the distinction is by saying that the reasons for which an agent acts are causes of her action. (...) “Davidson's challenge” to non‐causalists is to come up with an alternative, more convincing, way of drawing the distinction. In this paper, I argue that G.E.M. Anscombe and G.H. von Wright offer such an alternative. Moreover, I argue that Davidson's own account of interpretation makes no use of his causalist claim. (shrink)

On September 9, 2013, diplomats and civil society activists gathered in a ballroom in New York to welcome Jennifer Welsh as the UN Secretary-General's new Special Adviser on the Responsibility to Protect. In her first public appearance in that role, Special Adviser Welsh explained that one of her top priorities would be “to take prevention seriously and to make it meaningful in practice.” “In the context of RtoP,” Welsh added during the discussion, “we are talking about crimes, and crimes have (...) implications in terms of how we deal with them. You'll hear me say that a lot.” Welsh's approach of treating RtoP as a principle that is primarily concerned with prevention and is firmly linked to international crimes neatly captures the evolution of RtoP since its formal acceptance by states at the 2005 UN World Summit. Paragraphs 138 to 140 of the World Summit's Outcome Document not only elevated the element of prevention to a prominent place within the principle of RtoP but also restricted the scope of RtoP to four specific crimes under international law: genocide, war crimes, ethnic cleansing, and crimes against humanity. The crime and prevention–focused version of RtoP has subsequently been defended and promoted by Secretary-General Ban Ki-moon and by UN member states. This article seeks to systematically explore some of the implications of linking RtoP to the concept of international crimes, with a particular focus on the preventive dimension of RtoP, the so-called responsibility to prevent. What, then, are the consequences of approaching the responsibility to prevent as the prevention of international crimes?In order to systematically examine this question, this article turns to literature from criminology. While the criminological perspective has so far been neglected in debates on RtoP, the prominent criminologists John Hagan and Wenona Rymond-Richmond argue vehemently that “criminology is crucially positioned to contribute understanding and direction to what the United Nations has mandated as the ‘Responsibility to Protect’ groups that are threatened with mass atrocities.” For the purpose of this article, the label “criminology” comprises domestic criminology, supranational criminology, and international criminal law. While insights from supranational criminology and international criminal law are directly applicable to international crimes, translating knowledge generated in relation to crimes at the domestic level to atrocity crimes at the international level is, of course, not without challenges. Reasoning by analogy is an important method in this regard, though given the anarchical nature of international society some analogies will inevitably be imperfect. The benefits of such an approach, if carefully employed, however, outweigh the risks. (shrink)

Derk Pereboom and Gregg Caruso argue that humans are never morally responsible for their actions and take that thesis as a starting point for a project whose ultimate goal is the reform of responsibility practices, which include expressions of praise, blame, and the institution of legal punishment. This paper shares the skeptical concern that current responsibility practices can be suboptimal and in need of change, but argues that a non-skeptical pursuit of those changes is viable and more promising. The main (...) lines of the argument are developed by assessing the prospects of implementing one of the changes favored within the skeptical project (namely, the reduction of punishment severity) in light of how human moral psychology works. An original vignette experiment (N = 180; participants from Facebook groups related to Brazilian universities) asked participants to recommend sentences for a fictitious criminal after considering alternatives to regular punishment that varied in their effectiveness to prevent reoffending. The results suggest that people can become less punitive even if they continue to believe in moral responsibility and free will. The paper further argues that reforming responsibility practices is more likely to occur without the endorsement of skepticism. (shrink)

Dominant approaches to punishment tend to downplay the socio-emotional dimension of perpetrators. This attitude is inconsistent with the body of evidence from social and affective neuroscience and its adjacent disciplines on the crucial role of emotions and emotion-related skills coupled with positive social stimuli in promoting prosocial behavior. Through a literature review of these studies, this article explores and assesses the implications that greater consideration of emotional and social factors in sentencing and correctional practices might have for conventional punitive (...) approaches to crime. It argues that proper attention to these factors within the judgment of offending can challenge the tenets of dominant punitive ideologies and responses to crime. It further emphasizes the higher rationality and effectiveness of a paradigm of justice that aims for the social reintegration of perpetrators through a path to self-reform and change that is based on relational and inclusionary processes in the least confining environments possible to still ensure public safety. Hence, this article supports the pursuit of social rehabilitation as the ultimate goal of criminal justice. (shrink)

Experimental induction of sad mood states is a mainstay of laboratory research on affect and cognition, mood regulation, and mood disorders. Typically, the success of such mood manipulations is reported as a statistically significant pre- to post-induction change in the self-rated intensity of the target affect. The present commentary was motivated by an unexpected finding in one of our studies concerning the response rate to a well-validated sad mood induction. Using the customary statistical approach, we found a significant mean increase (...) in self-rated sadness intensity with a moderate effect size, verifying the “success” of the mood induction. However, that “success” masked that, between one-fifth and about one-third of our samples reported absolutely no sadness in response to the mood induction procedure. We consider implications of our experience for emotion research by commenting upon the typically overlooked phenomenon of nonresponse, suggesting changes in reporting practices regarding mood induction success, and outlining future directions to help scientists determine why some subjects do not respond to experimental mood induction. (shrink)

This paper distinguishes two ways in which to think about the freedom of extremists. Non-pluralists claim to have identified the general rule for resolving moral conflicts, and conceptualize freedom as liberty of action in accordance with that rule. It follows, if extremist violence breaks the rule in question, removing this option does not infringe the freedom of extremists. In contrast, for pluralists there is no one general rule to resolve moral conflicts, and freedom is simply the absence of interference. I (...) argue here that pluralism provides a principled defense of freedom, as it allows us to see that removing options from extremists is worse, on prima facie grounds, than not doing so. Also, non-pluralists cannot show that they have identified the general rule for resolving moral conflicts, and in particular, are forced to rely on quite different principles altogether when justifying paternalistic responses to extremism. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:A Response to Louise Pascale, “Dispelling the Myth of the Non-Singer: Embracing Two Aesthetics for Singing”Maya HooverLouise Pascale encourages a redefinition of the word "singer" and suggests ways to make it apply to a broader spectrum of people. The problem with the current definition, she believes, is that it is outdated and needs to be changed in order to better embrace the ideals of current society. In order to (...) fully understand the problem and incorporate her suggestions, it is helpful to look at the issue as a symptom of a larger philosophical problem and to examine her proposed aesthetics from a non-philosophical perspective. [End Page 202]A Philosophical Approach to an Ethnographic StudyPascale specifies the current definition of singer as one understood in terms of values set by a white, middle class, American society. She argues that this definition is a direct result of the actions of the church in the 1600s, which has influenced and effected how North Americans (specifically people from the United States) perceive and experience singing. She refers to the manner in which this definition is significantly rooted in history and has only strengthened with time as a "taproot" in music education.Pascale's main argument revolves around the fact that we in the United States have adopted and ascribe to the Western European value system of singing. She notes that in the quest to extract the highest form of singing, we tend to sort out the very best and tell everyone else not to bother. This elitist attitude is a serious problem and she is quite right to point it out. Although there is nothing wrong with classical studies revolving around a canon, we are often taught that anything else is not worthy of study or practice. As a result, we have a very narrow perception of singing due to the guidelines set by the "taproot philosophy," which greatly limits musical expression on many levels.The issue of Western European elitism in the United States is a big one that many scholars and educators like to avoid for fear of offending tradition. In Onika's case, she becomes completely redefined as a non-singer by these elitist constraints. Pascale hints at this concept at other points in her essay, but Onika's story stands out as a blatant example of subjugation.Pascale's story about her own trials in trying to learn about African dance and drumming reinforces the idea of Western elitism. She refers to Christopher Small's idea about the Western value of timing and rhythm, which is linked to "a more logical relationship between pitch and harmony."2 It is important to note that while Pascale was frustrated with her Western background, she was still encouraged by her Ghanaian instructor. She may have felt incompetent, but she was by no means subjugated, as Onika had become.Pascale relates both experiences to the link between culture, society, and the construction of belief systems. However, there is a deeper connection here that deals specifically with American society and its attitude toward those with a different belief system. Looking at other cultures shows how societies can encourage the exploration of their music by giving participants permission to be imperfect and accepting the interest in their culture with grace. This poses a question that is much larger than Pascale's original one, but one that is intricately linked to it: Why do we, as members of American society, continue to perpetuate the subjugation of anyone from outside of our established network of beliefs? [End Page 203] The problem of singers versus non-singers seems only to be a symptom of a much larger illness that is well deserving of a much deeper exploration.The Second Aesthetic from a Scientific Vantage PointPascale explores how the phenomenon of the "non-singer" translates into the music classroom. She argues that there must be a way to maintain the classical tradition while simultaneously allowing everyone to participate, trained or not. There must also be a way to allow every classroom teacher to feel comfortable singing with her/his students, and likewise to allow every student to feel comfortable enough to participate.She suggests incorporating... (shrink)

This paper is published as part of special issue on the theme of ‘justice without retribution’. Any attempt to consider how justice may be achieved without retribution has to begin with a consideration of what we mean by justice. The most powerful pleas for justice usually come from those who feel that they have been harmed by the wrongful acts of others. This paper will explore this intuition about justice and will argue that it arises from the central importance of (...) reciprocity, in the form of equity, balance and fairness, in human relationships. This is expressed in our image of justice, one of whose core symbols is a set of scales. I will use a clinical case to illustrate what can happen when criminal harm is not followed by any form of restitution. In this case, the punitive impulse was internalised in the victim and turned against herself in the form of deliberate self harm and, ultimately, death by suicide. I will argue that human relationships largely consist of reciprocal acts of good or harm and that we constantly strive for a balanced reciprocity in our relationships with others. This theme has been played out throughout human history in personal relationships, social customs, legal systems, religion and culture. It is also seen in higher primates. When someone is a victim of wrongful harm, there is a need to take measures to restore the balance which has been lost. I will attempt to draw a distinction between retributivism as the term is usually understood and the application of the principle of reciprocity in criminal justice. This distinction is one that has found expression in what has become known as ‘restorative justice’ as opposed to conventional justice. There are two cardinal features of restorative justice in this context. The first is that it brings offender and victim into a relationship with the aim of repairing the harm that has been caused. The second is that it gives the offender the opportunity to give something back to his victim. I will conclude that our responses to criminal wrong-doing should be based on restorative principles and that punishment can sometimes be part of the process by which moral harm is made good. (shrink)

This Article is a short response to Anders Tolland's "Iterated Non-Refutation: Robert Lockie on Relativism", International Journal of Philosophical Studies Vol. 14, no. 2, 245-254, 2006. Tolland's article was itself a response to Lockie, R (2003) "Relativism and Reflexivity", International Journal of Philosophical Studies Vol. 11, no. 3, 319-339.

R. A. Duff has revived the tradition of “answerability” for crime. In this philosophical and jurisprudential tradition, a person is answerable to the criminal law of a state and the process of that state’s courts only if there is some appropriate relationship between the state and the person. Duff’s great contribution has been to develop the idea of accountability of persons to a state or other polity as a philosophical notion which, he argues, underlies all just implementations of criminal (...) law. Duff has centered his views around the relationship between the citizen and the polity (in today’s world, the state) to which the citizen belongs. His focus has been on insiders, rather than outsiders.This article argues that, in the current world, the relationship among cocitizens, outsiders, and the state is based in part on the moral idea that the state exists to protect citizens from evil acts, specifically those that we call public and criminal wrongs, wherever the acts originate. Outsiders understand this, and understand that states other than their own use criminal law to protect their citizens.Duff’s writings contain an idea which turns out to be very useful in cases of outside acts, even though he does not apply it directly to them. Some states or other entities may have only an incomplete relationship with an accused person (compared with the relationship of citizen and state), but nonetheless may have the moral and political authority to try her for crime. This paper extends this notion to show that such incomplete relationships exist in a great many common cases of outsiders (noncitizens who act outside the territory of a state) who commit crime. These relationships support criminal prosecution of outsiders, so long as we admit that protection of persons from crime is a legitimate goal of the criminal law. (shrink)

Worldwide, many impoverished parents migrate, leaving their children behind. As a result children are deprived of continuity in care and, sometimes, suffer from other forms of emotional and developmental harms. I explain why coercive responses to care drain are illegitimate and likely to be inefficient. Poor parents have a moral right to migrate without their children and restricting their migration would violate the human right to freedom of movement and create a new form of gender injustice. I propose and (...) defend an institutional solution. Taxes levied on the remittances sent by temporary migrants ought to be used to provide migrants' children with psychological counselling in order to mitigate the harm resulted from discontinuity in care. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Response to Louise Pascale, “Dispelling the Myth of the Non-Singer: Embracing Two Aesthetics for Singing”Vicki R. LindIn "Dispelling the Myth of the Non-Singer: Embracing Two Aesthetics for Singing," Louise Pascale explores classroom teachers' beliefs about singing. Specifically, she looks at possible reasons why many classroom teachers who have been raised in the Western traditions of music-making do not feel comfortable singing. As a vocal music education professor and an (...) avid singer, this is a topic near and dear to my heart. My image of a vibrant elementary classroom, rooted in my experiences as a student and later as an elementary music teacher, includes singing. If, as Pascale notes, there is a growing number of teachers who define themselves as "non-singers" and who, because of this, do not include music in the classroom, there is indeed reason for alarm.As I read the introductory paragraph of this paper I immediately thought of elementary teachers who had at one time or another been labeled as "tone deaf" and who had allowed an early negative singing experience to cause them to believe they could not sing. Pascale challenged this simple explanation of the non-singer and made a strong case for a more thorough investigation of the problem.Pascale began her investigation by conducting a series of interviews with people who believed they could not sing. She found a variety of reasons for the self-proclaimed non-singers negative self image including: 1) never being selected to sing a solo; 2) not being able to lead songs, and 3) not singing in tune. Pascale used the story of a young Barbados woman, Onika, as an illustration of how these experiences could be linked to Western music traditions. Onika was born in Barbados but moved to the United States at the age of four. This young woman considered herself a singer in her native country but a non-singer in America. Onika felt she was a singer in Barbados because she enjoyed singing music in the Solka tradition; the music was fun, moved fast, and she could sing along without being concerned about how she sounded. She described herself as a non-singer in the United States because she was not able to lead songs and did not have a strong voice.I agree that the conventional Western view of music in the schools is rooted in classical traditions that value performance, perfection, and virtuosity and that these views may lead to the above mentioned assumptions regarding singing. I question, however, whether this conventional view permeates the beliefs of those [End Page 200] outside of the traditional music education circle. Onika's experiences with music in Barbados seemed to be very natural, a part of life; her experiences with music in the United States seemed limited to formal experiences in church or school settings. It would be interesting to investigate whether the dichotomy is between two cultures, the United States and Barbados, or between two different ways of experiencing music, in school and in everyday life.The main body of Pascale's work is the description of two aesthetics for singing, Aesthetic A, the classical Western tradition and Aesthetic B, a broader, multi-dimensional perspective. The list of characteristics differentiating Aesthetic A and Aesthetic B relate to the teaching of music, the process of music education. Emphasizing product and performance, stressing the importance of skill building and relying on classical repertoire are characteristics related to the traditional viewpoint, or Aesthetic A. These characteristics are contrasted with those related to Aesthetic B; the emphasis is placed on process and participation, stress is placed on social value and feeling, and vernacular repertoire is used. Pascale makes the point that Aesthetic B is not meant to replace "traditional" thinking but is a broadening of the perspective. Two questions emerge from Pascale's two aesthetics. First, is there a commonly held "traditional" culture of singing that exists in schools today? Schools and learning populations in the United States are so diverse it is hard to imagine a single philosophy driving music education. Second, does Aesthetic B add new dimensions, or does it describe a balance that is necessary in any philosophy that... (shrink)

This book focuses on the complex phenomenon of group morality and collective responsibility. It provides an analytic understanding of moral culpability of collective entities implicated in some of the most pressing contemporary ethical issues such as institutional injustice, corporate scams, organized crimes, gang wars, group-based violence, genocide, xenophobia, and the like. Delving deeper into the concept of collective responsibility, it asks--Who is responsible when a collective is held responsible? Is collective responsibility merely a façon de parler, a rhetoric of talking (...) about individual moral responsibility, or more than that? The volume develops a non-individualist account by using some of the latest resources from philosophy of action, philosophy of mind, and social ontology. It interprets collective responsibility as the responsibility of a collective without either reducing it to shared and individual responsibility of the group members or making it a case where their moral positions are completely blurred. An important intervention in moral philosophy, this book will be useful for scholars and researchers of moral philosophy, philosophy of action and mind, philosophy of social sciences, and political philosophy. It will also be a theoretical resource for legal theorists, just war theorists, game theorists, business ethicists, and policy makers. (shrink)

Criminal responsibility refers to a person’s ability to understand his action, behavior at the time a crime is committed, what a person is thinking when he commits a crime or the expected result when a crime is committed. Crime is defined in terms of an act or omission (actus reus) and a mental state (mens rea). In this paper, is presented the general concept of irresponsibility and essentially reduced responsibility as a reason to be exempted from (...) the punishment provided by the Criminal Code. Any perpetrator of a criminal offense who is capable of undertaking any action can be an active subject of a criminal offense, with the fact that regarding their sanctioning by the criminal system is concerned there are some restrictions related to age as well as dividing the perpetrators into responsible and non-responsible ones. For a person to be convicted of a crime, there must be evidence that proves his guilt, and that proves whether the perpetrator was in a regular state of mind or committed the criminal offense due to his irresponsibility. Another important element of this scientific paper is the historical aspects of how irresponsibility has been treated from the customary law to the present day, a huge focus gets also the treatment of the biological-psychological concept on one hand and the treatment of the legal concept on the other hand for this category of people. A criminal defendant who turns out to have been incapacitated at the time he committed a crime may be acquitted because of his incapacity, or he may be sentenced leniently because he was unable to understand the importance of his actions. Legally, the defendant must prove and convince the court that he was not able to understand his actions, or he is not able to distinguish right from wrong, or he must prove that he committed the act in uncontrolled impulses. (shrink)