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

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

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

There is a peak in peer victimization during middle childhood, with multiple negative consequences. Parental use of corporal punishment and child aggression are the most widely studied predictors of this phenomenon. The aim of the present study was to analyze whether parental use of corporal punishment affects peer victimization through child aggression. This mediation model was explored for both mothers and fathers and for both physical and relational forms of aggression and peer victimization. Furthermore, we also (...) analyzed whether the mediation models were moderated by the sex of the child. Participants were 234 third graders (46% girls). Child aggression and victimization were measured by peers using the Mini Direct Indirect Aggression Inventory. Independent measures of mother’s and father’s use of corporal punishment were obtained from a PCA of items from the Parental Styles and Dimensions Questionnaire (PSDQ). Conditional process modeling was carried out using a macro for SPSS developed byHayes (2013). Results indicated that aggression mediated the relation of parental corporal punishment to peer victimization. Some interesting moderating effects of sex in this mediation model were found; specifically, physical, and relational aggression mediated the relation of maternal corporal punishment to peer victimization only in boys. Few studies to date have addressed the connection between aggressive behavior and peer victimization as outcomes of corporal punishment, taking into consideration the role of parent’s and child’s sex, and both physical and relational forms of aggression and victimization during childhood. (shrink)

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

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

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

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

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

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

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

The article develops an explanation of corporal punishment (CP) as an expression of family violence by developing a multi-level, conciliatory model of human behavior. The synthesis builds upon a review of the relevant analytic approaches and empirical evidence spanning multiple levels of human behavior to include five interrelated frameworks: (1) behavioral investment; (2) socialization; (3) cultural justification; (4) social location; and (5) societal context. The analytic levels highlight the various explanatory principles that address questions relevant mainly to investigators (...) who study behavior in terms of different levels of informational complexity. The paper outlines the most important factors that shape the use and non-use of CP within family settings. The model identifies key ontogenetic and biophysiological factors linked to the fitness of parents’ offspring, along with primary socialization processes and cultural justification mechanisms that increase the probability of the intergenerational transmission of violence. In addition, the model identifies the sociological dimensions of family relationships and the importance of social locational variables in shaping parental usage of CP, as well as the importance of communities and institutions as situated within sociocultural contexts. The main conclusion suggests that to understand and explain more fully why human beings use violence in the context of familial relationships—including corporal punishment practices—analysts must consider the different influences and possible impacts of factors across all five levels. (shrink)

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

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

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

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

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

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

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

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

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

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

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

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

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

Should we conceive of corporations as entities to which moral responsibility can be attributed? This contribution presents what we will call a political account of corporate moral responsibility. We argue that in modern, liberal democratic societies, there is an underlying political need to attribute greater levels of moral responsibility to corporations. Corporate moral responsibility is essential to the maintenance of social coordination that both advances social welfare and protects citizens' moral entitlements. This political account posits a special capacity of self-governance (...) that corporations can intelligibly be said to possess. Corporations can be said to be "administrators of duty" in that they can voluntarily incorporate moral principles into their decision-making processes about how to conduct business. This account supplements and partly transforms earlier pragmatic accounts of corporate moral responsibility by disentangling responsibility from its conventional linkages with accountability, blame and punishment. It thereby represents a distinctive way to defend corporate moral responsibility and shows how Kantian thinking can be helpful in disentangling the problems surrounding the concept. (shrink)

While a corporate ethics program is expected to reduce employees’ unethical behavior, understanding the effects of the ethics program elements on reducing the unethical behavior is a crucial issue. This study aims to explore how a corporate ethics program with multiple control elements, including punishment, monitoring, internal reporting, code of ethics, ethics support service and ethics training, influence employees’ threat appraisal process, coping appraisal process and unethical behavior at workplaces. The data to verify proposed research hypotheses were collected by (...) administering questionnaire survey on four autonomous government organizations in Bangladesh. Research findings show that only punishment and monitoring have significantly negative relationships with unethical behavior. Monitoring and internal reporting have significantly positive relationships with threat appraisal. The code of ethics, ethics support service and ethics training are associated positively with coping appraisal. The mediation results reveal that coping appraisal mediates the relationship between ethics program elements and unethical behavior; but the mediation effects of threat appraisal are not significant. This study provides valuable insights into how a corporate ethics program with multiple control elements reduces employees’ unethical behavior as well as how employees’ threat and coping appraisal processes are related to the corporate ethics program and unethical behavior in organizations. (shrink)

Punishment of offenders is one of the most universal features of human behavior. Across time and cultures it has been common for people to punish offenders, and one can easily find examples of punishment among ancient hunter-gatherers, in holy scriptures, in popular culture, and in contemporary courts of law. Punishment is not restricted to criminal offenders, but emerges within all spheres of our social life, including corporations, public institutions, traffic, sports matches, schools, parenting, and more. Punishment (...) strongly influences what we think, how we feel, and what we do. The Moral Punishment Instinct asserts that people possess a hard-wired tendency to aggress against those who violate the norms of their group. We have evolved this instinct because of its power to control behavior by curbing selfishness and free-riding, thereby providing incentives to stimulate the mutual cooperation that ancient hunter-gatherers needed in order to survive in challenging natural environments. In this book, Jan-Willem van Prooijen methodically describes how punishment originates from moral emotions, stimulates cooperation, and shapes the social life of human beings. Guided by a host of recognizable and relatable examples, this book illuminates how the moral punishment instinct manifests itself among a variety of modern human cultures, children, tribes of hunter-gatherers, and even non-human animals-all while accounting for the role of this instinct in religion, war, racial bias, restorative justice, gossip, torture, and radical terrorism. (shrink)

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

The academic debate over the propriety of attributing moral responsibility to corporations is decades old and ongoing. The conventional approach to this debate is to identify the sufficient conditions for moral agency and then attempt to determine whether corporations possess them. This article recommends abandoning the conventional approach in favor of an examination of the practical consequences of corporate moral responsibility. The article’s thesis is that such an examination reveals that attributing moral responsibility to corporations is ethically acceptable only if (...) it does not authorize the punishment of corporations as collective entities, and further, that this renders the debate over corporate moral responsibility virtually pointless. (shrink)

This volume provides discussions of both the concept of responsibility and of punishment, and of both individual and collective responsibility. It provides in-depth Socratic and Kantian bases for a new version of retributivism, and defends that version against the main criticisms that have been raised against retributivism in general. It includes chapters on criminal recidivism and capital punishment, as well as one on forgiveness, apology and punishment that is congruent with the basic precepts of the new retributivism (...) defended therein. Finally, chapters on corporate responsibility and punishment are included, with a closing chapter on holding the U.S. accountable for its most recent invasion and occupation of Iraq. The book is well-focused but also presents the widest ranging set of topics of any book of its kind as it demonstrates how the concepts of responsibility and punishment apply to some of the most important problems of our time. “This is one of the best books on punishment, and the Fourth Edition continues its tradition of excellence. The book connects punishment importantly to moral responsibility and desert, and it is comprehensive in its scope, both addressing abstract, theoretical issues and applied issues as well. The topics treated include collective responsibility, apology, forgiveness, capital punishment, and war crimes. Highly recommended.”—John Martin Fischer, Distinguished Professor of Philosophy, University of California, Riverside. (shrink)

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

We present asecond-personalaccount of corporate moral agency. This approach is in contrast to thefirst-personalapproach adopted in much of the existing literature, which concentrates on the corporation’s ability to identify moral reasons for itself. Our account treats relationships and communications as the fundamental building blocks of moral agency. The second-personal account rests on a framework developed by Darwall. Its central requirement is that corporations be capable of recognizing the authority relations that they have with other moral agents. We discuss the relevance (...) of corporate affect, corporate communications, and corporate culture to the second-personal account. The second-personal account yields a new way to specify first-personal criteria for moral agency, and it generates fresh insights into the reasons those criteria matter. In addition, a second-personal analysis implies that moral agency is partly a matter of policy, and it provides a fresh perspective on corporate punishment. (shrink)