Results for 'punishment'

969 found
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  1.  15
    Michael T. Cahill.Punishment Pluralism - 2011 - In Mark D. White (ed.), Retributivism: Essays on Theory and Policy. Oxford University Press. pp. 25.
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  2.  27
    Sophisticated retributivism.Hegel On Punishment & A. More - 2011 - In Mark D. White (ed.), Retributivism: Essays on Theory and Policy. Oxford University Press.
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  3. Dorothy E. Roberts.Punishing Drug Addicts Who Have Babies - 2006 - In Elizabeth Hackett & Sally Anne Haslanger (eds.), Theorizing feminisms: a reader. Oxford: Oxford University Press.
     
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  4. Two-Tiered Mixed Theories of Punishment Are Not Safe from the Angry Mob.Jason Lee Byas - forthcoming - Australasian Journal of Philosophy.
    Two-tiered mixed theories of punishment hold that legislatures should act according to consequentialism, but the judiciary should act according to retributivism. A major motivation for these theories is wanting to preserve the idea that punishment is ultimately justified on consequentialist grounds, without falling prey to the Punishing the Innocent objection. Yet this benefit is illusory. While two-tiered mixed theories successfully avoid the Punishing the Innocent objection narrowly construed, they do not successfully escape the point behind it. This is (...)
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  5.  94
    The Problem of Punishment.David Boonin - 2008 - Cambridge University Press.
    In this book, David Boonin examines the problem of punishment, and particularly the problem of explaining why it is morally permissible for the state to treat those who break the law in ways that would be wrong to treat those who do not? Boonin argues that there is no satisfactory solution to this problem and that the practice of legal punishment should therefore be abolished. Providing a detailed account of the nature of punishment and the problems that (...)
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  6. Cooperation, domination: Twin functions of third‐party punishment.Jordan Wylie & A. P. Gantman - 2024 - Social and Personality Psychology Compass 18 (8).
    Rules serve many important functions in society. One such function is to codify, and make public and enforceable, a society's desired prescriptions and proscriptions. This codification means that rules come with predefined punishments administered by third parties. We argue that when we look at how third parties punish rule violations, we see that rules and their punishments often serve dual functions. They support and help to maintain cooperation as it is usually theorized, but they also facilitate the domination of marginalized (...)
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  7. The nerves of the Leviathan: On metaphor and Hobbes' theory of punishment.Alejo Stark - 2019 - Otro Siglo 3 (2):26-42.
    Thomas Hobbes’ theory of punishment plays a constitutive role in the Leviathan’s theory of state sovereignty. Despite this, Hobbes’ justification for punishment is widely found to be discrepant, weak, inconsistent, and contradictory. Two dominant tendencies in the scholarship attempt to stabilize the Leviathan’s justification for the state’s right to punish by either identifying it with the sovereign’s right to war or by elaborating a theory of authorization within the state. In contrast, by tracing the deployments of the metaphor (...)
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  8. Why Reconciliation Requires Punishment but Not Forgiveness.Thaddeus Metz - 2022 - In Krisanna M. Scheiter & Paula Satne (eds.), Conflict and Resolution: The Ethics of Forgiveness, Revenge, and Punishment. Switzerland: Springer Nature. pp. 265-281.
    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 (...)
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  9. Censure theory and intuitions about punishment.Thaddeus Metz - 2000 - Law and Philosophy 19 (4):491-512.
    Many philosophers and laypeople have the following two intuitions about legal punishment: the state has a pro tanto moral reason to punish all those guilty of breaking a just law and to do so in proportion to their guilt. Accepting that there can be overriding considerations not to punish all the guilty in proportion to their guilt, many philosophers still consider it a strike against any theory if it does not imply that there is always a supportive moral reason (...)
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  10. The passions of punishment.Nathan Hanna - 2009 - Pacific Philosophical Quarterly 90 (2):232-250.
    I criticize an increasingly popular set of arguments for the justifiability of punishment. Some philosophers try to justify punishment by appealing to what Peter Strawson calls the reactive attitudes – emotions like resentment, indignation, remorse and guilt. These arguments fail. The view that these emotions commit us to punishment rests on unsophisticated views of punishment and of these emotions and their associated behaviors. I offer more sophisticated accounts of punishment, of these emotions and of their (...)
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  11.  36
    Overpunishment and the punishment of the innocent.Saul Smilansky - 2021 - Analytic Philosophy 63 (4):232-244.
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  12.  21
    Time and Punishment.Michael J. Zimmerman - 2003 - In Heather Dyke (ed.), Time and Ethics: Essays at the Intersection. Kluwer Academic Publishers. pp. 55--70.
  13.  79
    Civil disobedience and punishment.A. D. Woozley - 1976 - Ethics 86 (4):323-331.
    discussion de l'auteur. peu de théorie additionnelle. question de l'acceptation de la punition p330.
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  14.  23
    The Norfolk Island Penal Station, the Panopticon, and Alexander Maconochie’s and Jeremy Bentham’s Theories of Punishment.Tim Causer - 2021 - Revue D’Études Benthamiennes 19.
    Alexander Maconochie, the originator of the “Mark System”, is a major figure in the history of penal discipline and is best known for his attempt to implement it at the Norfolk Island penal station from 1840 to 1844. Among Maconochie’s many works is the eight-page “Comparison Between Mr. Bentham’s Views on Punishment, and Those Advocated in Connexion with the Mark System”, in which Maconochie rejected Bentham’s critique of transportation, as well as fundamental elements of his theory of punishment. (...)
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  15.  22
    Technologies of Life and Death: From Cloning to Capital Punishment.Kelly Oliver - 2013 - New York: Fordham University Press.
    Using deconstruction, this book approaches contemporary problems raised by technologies of life and death from cloning to capital punishment; and thereby, provides new insights into current debates from a perspective outside of mainstream philosophy with its assumptions of individual and political sovereignty.
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  16.  77
    Punishment and Retributive Justice.R. M. Hare - 1986 - Philosophical Topics 14 (2):211-223.
  17.  58
    Criminal remedies: Restitution, punishment, or both?Roger Pilon - 1978 - Ethics 88 (4):348-357.
  18.  38
    Hiding Behind Machines: Artificial Agents May Help to Evade Punishment.Till Feier, Jan Gogoll & Matthias Uhl - 2022 - Science and Engineering Ethics 28 (2):1-19.
    The transfer of tasks with sometimes far-reaching implications to autonomous systems raises a number of ethical questions. In addition to fundamental questions about the moral agency of these systems, behavioral issues arise. We investigate the empirically accessible question of whether the imposition of harm by an agent is systematically judged differently when the agent is artificial and not human. The results of a laboratory experiment suggest that decision-makers can actually avoid punishment more easily by delegating to machines than by (...)
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  19. Mass Incarceration and the Theory of Punishment.Vincent Chiao - 2017 - Criminal Law and Philosophy 11 (3):431-452.
    An influential strain in the literature on state punishment analyzes the permissibility of punishment in exclusively deontological terms, whether in terms of an individual’s rights, the state’s obligation to vindicate the law, or both. I argue that we should reject a deontological theory of punishment because it cannot explain what is unjust about mass incarceration, although mass incarceration is widely considered—including by proponents of deontological theories—to be unjust. The failure of deontological theories suggests a minimum criterion of (...)
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  20. Racialized punishment and prison abolition.Angela Y. Davis - 2003 - In Tommy Lee Lott & John P. Pittman (eds.), A Companion to African-American Philosophy. Malden, MA: Wiley-Blackwell.
  21. A note on utilitarian punishment.H. J. McCloskey - 1963 - Mind 72 (288):599.
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  22. Passive avoidance learning in individuals with psychopathy: modulation by reward but not by punishment.R. J. R. Blair, D. G. V. Mitchell, A. Leonard, S. Budhani, K. S. Peschardt & C. Newman - 2004 - Personality and Individual Differences 37:1179–1192.
    This study investigates the ability of individuals with psychopathy to perform passive avoidance learning and whether this ability is modulated by level of reinforcement/punishment. Nineteen psychopathic and 21 comparison individuals, as defined by the Hare Psychopathy Checklist Revised (Hare, 1991), were given a passive avoidance task with a graded reinforcement schedule. Response to each rewarding number gained a point reward specific to that number (i.e., 1, 700, 1400 or 2000 points). Response to each punishing number lost a point (...) specific to that number (i.e., the loss of 1, 700, 1400 or 2000 points). In line with predictions, individuals with psychopathy made more passive avoidance errors than the comparison individuals. In addition, while the performance of both groups was modulated by level of reward, only the performance of the comparison population was modulated by level of punishment. The results are interpreted with reference to a computational account of the emotional learning impairment in individuals with psychopathy. (shrink)
     
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  23. Race, Capital Punishment, and the Cost of Murder.M. Cholbi - 2006 - Philosophical Studies 127 (2):255-282.
    Numerous studies indicate that racial minorities are both more likely to be executed for murder and that those who murder them are less likely to be executed than if they murder whites. Death penalty opponents have long attempted to use these studies to argue for a moratorium on capital punishment. Whatever the merits of such arguments, they overlook the fact that such discrimination alters the costs of murder; racial discrimination imposes higher costs on minorities for murdering through tougher sentences, (...)
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  24. (1 other version)Crime, Guilt and Punishment.C. L. Ten - 1988 - Philosophy 63 (245):403-404.
  25. The Rights of the Guilty: Punishment and Political Legitimacy.Corey Brettschneider - 2007 - Political Theory 35 (2):175-199.
    In this essay I develop and defend a theory of state punishment within a wider conception of political legitimacy. While many moral theories of punishment focus on what is deserved by criminals, I theorize punishment within the specific context of the state's relationship to its citizens. Central to my account is Rawls's “liberal principle of legitimacy,” which requires that all state coercion be justifiable to all citizens. I extend this idea to the justification of political coercion to (...)
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  26. Republican Theory and Criminal Punishment.Philip Pettit - 1997 - Utilitas 9 (1):59.
    Suppose we embrace the republican ideal of freedom as non-domination: freedom as immunity to arbitrary interference. In that case those acts that call uncontroversially for criminalization will usually be objectionable on three grounds: the offender assumes a dominating position in relation to the victim, the offender reduces the range or ease of undominated choice on the part of the victim, and the offender raises a spectre of domination for others like the victim. And in that case, so it appears, the (...)
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  27. Punishment and desert.James Rachels - 1997 - In Hugh LaFollette - (ed.), Ethics in Practice. Blackwell. pp. 466--74.
    Retributivism—the idea that wrongdoers should be “paid back” for their wicked deeds—fits naturally with many people’s feelings. They find it deeply satisfying when murderers and rapists “get what they have coming,” and they are infuriated when villains “get away with it.” But others dismiss these feelings as primitive and unenlightened. Sometimes the complaint takes a religious form. The desire for revenge, it is said, should be resisted by those who believe in Christian charity. After all, Jesus himself rejected the rule (...)
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  28.  26
    Responsibility and Punishment.J. Angelo Corlett - 2002 - Mind 111 (444):847-851.
  29.  54
    Kantian Moral Retributivism: Punishment, Suffering, and the Highest Good.Eoin O'Connell - 2014 - Southern Journal of Philosophy 52 (4):477-495.
    Against the view of some contemporary Kantians who wish to downplay Kant's retributivist commitments, I argue that Kant's theory of practical of reason implies a retributive conception of punishment. I trace this view to Kant's distinction between morality and well-being and his attempt to synthesize these two concerns in the idea of the highest good. Well-being is morally valuable only insofar as it is proportional to virtue, and the suffering inflicted on wrongdoers as punishment for wrongdoing is morally (...)
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  30. Bodily Desires and Afterlife Punishment in the 'Phaedo'.Doug Reed - 2021 - Oxford Studies in Ancient Philosophy 59:45-78.
    In this paper I investigate whether in the 'Phaedo' the body or the soul is the subject of bodily desires. By analyzing Plato’s portrayal of the disembodied soul in the dialogue, I argue that because many souls are shown possessing bodily desires after death, the soul can possess bodily desires. Part of my analysis is built on my argument that the best way to understand afterlife punishment in the dialogue is as the necessary frustration of persistent bodily desires. Finally, (...)
     
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  31.  59
    Hegel's idea of punishment.Peter G. Stillman - 1976 - Journal of the History of Philosophy 14 (2):169-182.
  32. Taking Deterrence Seriously: The Wide-Scope Deterrence Theory of Punishment.Lee Hsin-wen - 2017 - Criminal Justice Ethics 36 (1):2-24.
    A deterrence theory of punishment holds that the institution of criminal punishment is morally justified because it serves to deter crime. Because the fear of external sanction is an important incentive in crime deterrence, the deterrence theory is often associated with the idea of severe, disproportionate punishment. An objection to this theory holds that hope of escape renders even the severest punishment inapt and irrelevant. -/- This article revisits the concept of deterrence and defend a more (...)
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  33.  37
    Expressive Theories of Punishment.Bill Wringe - 2022 - In Matthew C. Altman (ed.), The Palgrave Handbook on the Philosophy of Punishment. Palgrave-Macmillan. pp. 245-265.
    In this chapter, Wringe considers expressivist accounts of punishment with particular emphasis on the work of Joel Feinberg, Jean Hampton, and Antony Duff. After distinguishing between definitional and justificatory versions of expressivism and examining the case for definitional expressivism, Zaibert argues first that a recognition of the expressive functions of punishment does not require us to accept an expressive definition of punishment. He also argues that the best-known versions of justificatory expressivism are unsuccessful, while an alternative that (...)
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  34. Race, Ideology, and the Communicative Theory of Punishment.Steven Swartzer - 2019 - Philosophers' Imprint 19:1-22.
    This paper explores communicative punishment from a non-idealized perspective. I argue that, given the specific racial dynamics involved, and given the broader social and historical context in which they are embedded, American policing and punishment function as a form of racially derogatory discourse. Understood as communicative behavior, criminal justice activities express a commitment to a broader ideology. Given the facts about how the American justice system actually operates, and given its broader socio-political context, American carceral behaviors express a (...)
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  35.  22
    Evolutionary Game Analysis of Construction Workers' Unsafe Behaviors Based on Incentive and Punishment Mechanisms.Jianbo Zhu, Ce Zhang, Shuyi Wang, Jingfeng Yuan & Qiming Li - 2022 - Frontiers in Psychology 13.
    Construction is one of the most dangerous industries because of its open working environment and risky construction conditions. In the process of construction, risk events cause great losses for owners and workers. Most of the risk events are closely related to unsafe behaviors of workers. Therefore, it is of great significance for contractors to establish management measures, e.g., incentive and punishment mechanism, to induce workers to reduce unsafe behaviors. This paper aims to take the incentive and punishment mechanism (...)
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  36.  55
    The Norm Shift Theory of Punishment.Gideon Yaffe - 2021 - Ethics 132 (2):478-507.
    The philosophy of punishment’s focus on the question of justification has left the question of definition neglected. This article explains why there is a need for necessary and sufficient conditions for punishment and offers a new account. Under the theory proposed, to inflict a punishment is to make fewer things permissible for another to do. Since not every such restriction is punishment, an account is offered of the additional conditions needing to be met. One implication of (...)
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  37. Atonement and the Concept of Punishment.Daniel J. Hill & Joseph Jedwab - 2015 - In Oliver Crisp & Fred Sanders (eds.), Locating Atonement. Zondervan Academic. pp. 139-153.
  38.  70
    Recent approaches to justifying punishment.Phillip Montague - 2002 - Philosophia 29 (1-4):1-34.
  39. Kant's theory of punishment: Deterrence in its threat, retribution in its execution. [REVIEW]B. Sharon Byrd - 1989 - Law and Philosophy 8 (2):151 - 200.
    Kant's theory of punishment is commonly regarded as purely retributive in nature, and indeed much of his discourse seems to support that interpretation. Still, it leaves one with certain misgivings regarding the internal consistency of his position. Perhaps the problem lies not in Kant's inconsistency nor in the senility sometimes claimed to be apparent in the Metaphysic of Morals, but rather in a superimposed, modern yet monistic view of punishment. Historical considerations tend to show that Kant was discussing (...)
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  40.  34
    A Sketch of an Integrative Theory of Punishment.Joel Kidder - 1982 - American Philosophical Quarterly 19 (2):197 - 202.
    The thesis of this short article is that the various "theories" of punishment correlate to a series of mental states attributed to the recipients of punishment by those who punish them. The dimension of the series is the degree of awareness of the wrong-Doer of various salient features of his act. The series is developmental in an ideal sense. Some reflections are offered about why the incapacitative theory underlies the whole series, And why the retributive theory constitutes its (...)
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  41. Punishment, Forgiveness, and Mercy.Jeffrie G. Murphy - 2020 - In Mark Hill & Norman Doe (eds.), Christianity and Criminal Law. New York: Routledge.
     
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  42.  17
    The ethics of law enforcement and criminal punishment.Edward A. Malloy - 1982 - Washington, D.C.: University Press of America.
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  43. Utilitarianism and the Punishment of the Innocent: The Origins of a False Doctrine.F. Rosen - 1997 - Utilitas 9 (1):23-37.
    This paper examines the commonplace assertion that utilitarianism allows for and even, at times, requires the punishment of the innocent. It traces the origins of this doctrine to the writings of the British Idealists and the subsequent development of what is called the post-utilitarian paradigm which posits various justifications for punishment such as retribution, deterrence and reform, finds all of them inadequate, and then, with the addition of other ideas, reconciles them. The idea of deterrence is falsely depicted (...)
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  44.  71
    Forgiveness, Apology, and Retributive Punishment.J. Angelo Corlett - 2006 - American Philosophical Quarterly 43 (1):25 - 42.
  45. Kant on Punishment.Susan Meld Shell - 1997 - Kantian Review 1:115-135.
    Unlike that of most liberal thinkers, Kant's theory of punishment is unabashedly retributive. For classical liberals punishment is justified only by the harms it can prevent, not by any allegedly intrinsic good served by making the guilty suffer. Here Hobbes' blunt insistence that the aim of punishment ‘is not a revenge, but terror’ is prototypical in substance, if not in style. Hobbes, Locke, Mill, Bentham and Beccaria, for all their differences, agree that punishment must look to (...)
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  46.  9
    Crime and punishment in semantics of idioms.S. M. Yusupova - 2018 - Liberal Arts in Russiaроссийский Гуманитарный Журналrossijskij Gumanitarnyj Žurnalrossijskij Gumanitarnyj Zhurnalrossiiskii Gumanitarnyi Zhurnal 7 (2):162.
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  47.  42
    Beyond Bad: Punishment Theory Meets the Problem of Evil1.Leo Zaibert - 2012 - Midwest Studies in Philosophy 36 (1):93-111.
  48.  77
    Two justifications of punishment.Michael Lessnoff - 1971 - Philosophical Quarterly 21 (83):141-148.
  49. African Values and Capital Punishment.Thaddeus Metz - 2011 - In Gerard Walmsley (ed.), African Philosophy and the Future of Africa. Council for Research in Values and Philosophy. pp. 83-90.
    What is the strongest argument grounded in African values, i.e., those salient among indigenous peoples below the Sahara desert, for abolishing capital punishment? I defend a particular answer to this question, one that invokes an under-theorized conception of human dignity. Roughly, I maintain that the death penalty is nearly always morally unjustified, and should therefore be abolished, because it degrades people’s special capacity for communal relationships. To defend this claim, I proceed by clarifying what I aim to achieve in (...)
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  50. Chemical Castration as Punishment.Katrina L. Sifferd - 2020 - In Nicole A. Vincent, Thomas Nadelhoffer & Allan McCay (eds.), Neurointerventions and the Law: Regulating Human Mental Capacity. Oxford University Press, Usa.
    This chapter explores whether chemical castration can be justified as a form of criminal punishment. The author argues that castration via the drug medroxyprogesterone acetate (MPA), or some similar drug, does not achieve the punishment aims of retribution, deterrence, or incapacitation, but might serve as punishment in the form of rehabilitative treatment. However, current U.S. chemical castration statutes are too broad to be justified as rehabilitative. The state is warranted in targeting psychological states in criminal defendants for (...)
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