Results for ' retribution'

917 found
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  1.  29
    Gerald Gaus.Retributive Justice & Social Cooperation - 2011 - In Mark D. White (ed.), Retributivism: Essays on Theory and Policy. Oxford University Press. pp. 73.
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  2.  41
    Liliana Albertazzi Phenomenologists and Analytics: A Question of Psychophysics? Ro bert Allen Identity and Becoming.How Emotivism Survives Immoralists & Natural Retribution - 2002 - Southern Journal of Philosophy 40 (4):605-608.
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  3. Retributive karma and the problem of blaming the victim.Mikel Burley - 2013 - International Journal for Philosophy of Religion 74 (2):149-165.
    A defining feature of retributive conceptions of karma is their regarding of suffering or misfortune as consequent upon sins committed in previous lives. Some critical non-believers in karma take offence at this view, considering it to involve unjustly blaming the victim. Defenders of the view demur, and argue that a belief in retributive karma in fact provides a motivation for benevolent action. This article elucidates the debate, showing that its depth is such that it is best characterized as a disagreement (...)
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  4.  80
    The Retribution-Gap and Responsibility-Loci Related to Robots and Automated Technologies: A Reply to Nyholm.Roos de Jong - 2020 - Science and Engineering Ethics 26 (2):727-735.
    Automated technologies and robots make decisions that cannot always be fully controlled or predicted. In addition to that, they cannot respond to punishment and blame in the ways humans do. Therefore, when automated cars harm or kill people, for example, this gives rise to concerns about responsibility-gaps and retribution-gaps. According to Sven Nyholm, however, automated cars do not pose a challenge on human responsibility, as long as humans can control them and update them. He argues that the agency exercised (...)
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  5.  30
    Punishment, Retribution, Restoration.Arnold Burms & Gerbert Faure - 2016 - Tijdschrift Voor Filosofie 78 (4):851-862.
    Peter Strawson makes a crucial distinction between reactive attitudes and the objective attitude. Reactive attitudes such as gratefulness, anger and indignation imply that we take each other seriously as responsible agents. The objective attitude implies that we stop taking each other seriously. Strawson argues that the objective attitude is not merely psychologically difficult: it is inconceivable that we would systematically refrain from taking each other seriously and stop discussing with each other or blaming ourselves or others. Strawson, however, only discusses (...)
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  6. Beyond retribution.Thom Brooks - 2014 - Think 13 (38):47-50.
    Retribution enjoys an unwarranted appeal from the public and its politicians. This is because it is impractical and perhaps even incoherent. This does not mean that we should reject the importance of morality for criminal justice nor should we reject the link between desert and proportionality. Nevertheless, we can reject the way retribution has understood these ideas in defense of a more plausible and compelling alternative.
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  7. Retributive Justice in the Breivik Case: Exploring the Rationale for Punitive Restraint in Response to the Worst Crimes.David Chelsom Vogt - 2024 - Retfaerd - Nordic Journal of Law and Justice 1:25-43.
    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 (...)
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  8. Retribution and organic unities.Michael Clark - 2006 - Journal of Moral Philosophy 3 (3):351-358.
    Moore argued that his principle of organic unities, according to which the value of a whole is to be distinguished from the value of the sum of its parts, is consistent with a retributivist view of punishment: both crime and punishment are intrinsic evils but the combination of the crime with the punishment of its perpetrator is less bad in itself than the crime unpunished. Moore’s principle excludes any form of retributivism that regards the punishment of a guilty person as (...)
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  9. Terrorism, Retribution, and Collective Responsibility.Mark R. Reiff - 2008 - Social Theory and Practice 34 (2):209-242.
    Terrorism is commonly viewed as a form of war, and as a form of war, the morality of terrorism seems to turn on the usual arguments regarding the furtherance of political objectives through coercive means. The terrorist argues that his options for armed struggle are limited, and that the use of force against civilians is the only way he can advance his cause. But this argument is subject to a powerful response. There is the argument from consequences, which asserts that (...)
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  10. Forgiveness and Retribution: Responding to Wrongdoing.Margaret R. Holmgren - 2012 - Cambridge University Press.
    Forgiveness and Retribution: Responding to Wrongdoing argues that ultimately, forgiveness is always the appropriate response to wrongdoing. In recent decades, many philosophers have claimed that unless certain conditions are met, we should resent those who have wronged us personally and that criminal offenders deserve to be punished. Conversely, Margaret Holmgren posits that we should forgive those who have ill-treated us, but only after working through a process of addressing the wrong. Holmgren then reflects on the kinds of laws and (...)
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  11. Retributive Harmony in the Thomistic and Neo-Confucian Traditions.James Dominic Rooney - forthcoming - In an edited volume associated with the Eleventh Thomistic Congress. Rome, Italy: Urbaniana University Press.
    Retributive theories of punishment hold that moral desert is a necessary and sufficient condition for punishment. This principle has been justified in light of rectifying a 'balance of justice' upset by wrongdoing. Many opposed to retributivism, such as Nussbaum, have argued such a ‘balance’ is nothing more than ‘magical’ thinking and retributivism is, in fact, positively harmful. On the contrary, I will argue that there is a compelling way to make sense of that intuition. The Chinese Neo-Confucian tradition and medieval (...)
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  12.  33
    Retribution: evil for evil in ethics, law, and literature.Marvin Henberg - 1990 - Philadelphia: Temple University Press.
    Despite our moral misgivings, retributive canons of justice-the return of evil to evildoers-remain entrenched in law, literature, and popular moral precept. In this wide-ranging examination of retribution, Marvin Henberg argues that the persistence and pervasiveness of this concept is best understood from a perspective of evolutionary naturalism. After tracing its origins in human biology and psychology, he shows how retribution has been treated historically in such diverse cultural expressions as law codes, scriptures, drama, poetry, philosophy, and novels. Henberg (...)
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  13.  31
    On Retribution.C. H. Whiteley - 1956 - Philosophy 31 (117):154 - 157.
    A retributive theory of punishment must at least say that it is a necessary condition for the justification of a punishment that the person punished should be guilty. But “guilty” here may be taken in two different senses, giving two very different kinds of justification. In the first sense, to be guilty is to have wilfully disobeyed a law or order of some authority, and it is the defiance of this authority which justifies punishment. Mr. Mabbott has put up a (...)
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  14.  63
    Retributive Prepunishment.Joseph Q. Adams - 2013 - Social Theory and Practice 39 (2):213-222.
    This paper argues that many of our most important theories of retributivism are unwittingly committed to the radical thesis that prepunishment—punishment before an offense—is morally permissible. From the perspective of diachronic justice on which these theories crucially depend, the timing of retribution is, ceteris paribus, irrelevant. But retributivism’s counterintuitive support does not stop there: there are conditions under which pre-offense apprehension and punishment guarantees a higher probability of justice being done. Under these conditions, the popular retributive theories I have (...)
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  15.  48
    A Retributive Justification for not Punishing Bare Intentions or: On the Moral Relevance of the 'Now-Belief'.Federico Picinali - 2013 - Law and Philosophy 32 (4):385-403.
    According to criminal law a person should not be punished for a bare intention to commit a crime. While theorists have provided consequentialist and epistemic justifications of this tenet, no convincing retributive justification thereof has yet been advanced. The present paper attempts to fill this lacuna through arguing that there is an important moral difference between a future-directed and a present-directed intention to act wrongfully. Such difference is due to the restraining influence exercised in the decisional process by the ‘now-belief’, (...)
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  16. Understanding Retribution.Roger Wertheimer - 1983 - Criminal Justice Ethics 2 (2):19-38.
    Critical analysis of wide variety of conceptions and justifications of retribution and punishment. Emphasis is on pivotal role of condemnation.
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  17.  9
    Reflexive Retributive Duties.Stephen Kershnar - 1997 - Jahrbuch Für Recht Und Ethik / Annual Review of Law and Ethics 5:497-516.
    The retributive duty is both held by and owed to the victim of a culpable wrongdoing. This reflexive account fits nicely with a Kantian emphasis on autonomy because the Kantian account allows us to explain how a person can have a duty to oneself. The reflexive account also fits nicely with, and is in part supported by, the notion that a culpable wrongdoer forfeits some of his rights . The waivability of the retributive duty in part explains why it is (...)
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  18. Robots, Law and the Retribution Gap.John Danaher - 2016 - Ethics and Information Technology 18 (4):299–309.
    We are living through an era of increased robotisation. Some authors have already begun to explore the impact of this robotisation on legal rules and practice. In doing so, many highlight potential liability gaps that might arise through robot misbehaviour. Although these gaps are interesting and socially significant, they do not exhaust the possible gaps that might be created by increased robotisation. In this article, I make the case for one of those alternative gaps: the retribution gap. This gap (...)
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  19. Debunking (the) Retribution (Gap).Steven R. Kraaijeveld - 2020 - Science and Engineering Ethics 26 (3):1315-1328.
    Robotization is an increasingly pervasive feature of our lives. Robots with high degrees of autonomy may cause harm, yet in sufciently complex systems neither the robots nor the human developers may be candidates for moral blame. John Danaher has recently argued that this may lead to a retribution gap, where the human desire for retribution faces a lack of appropriate subjects for retributive blame. The potential social and moral implications of a retribution gap are considerable. I argue (...)
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  20.  41
    Retribution, Reparation, and the Moral Claims of Communities.William Gardner - 2018 - American Journal of Bioethics 18 (10):31-33.
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  21. The varieties of retributive experience.Christopher Bennett - 2002 - Philosophical Quarterly 52 (207):145-163.
    Retribution is often dismissed as augmenting the initial harm done, rather than ameliorating it. This criticism rests on a crude view of retribution. In our actual practice in informal situations and in the workings of the reactive (properly called 'retributive') sentiments, retribution is true to the gravity of wrongdoing, but does aim to ameliorate it. Through wrongdoing, offenders become alienated from the moral community: their actions place their commitment to its core values in doubt. We recognize this (...)
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  22.  54
    Retribution, Justice, and Therapy.Jeffrie G. Murphy - 1981 - Philosophical Review 90 (3):484-489.
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  23.  27
    (1 other version)Between Retribution and Restoration: Justice and the TRC.Jonathan Allen - 2001 - South African Journal of Philosophy 20 (1):22-41.
    How may a society, in a morally defensible way, confront a past of injustice and suffering, and seek to break the spell of violence and disregard for human life? I begin by demonstrating the relevance of this question to the South African Truth and Reconciliation Commission, and I draw attention to André du Toit's long- standing interest in ways in which truth commissions may function to consolidate political change. In the second section of the article, I argue that truth commissions (...)
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  24.  79
    Retributive, Restorative and Ritualistic Justice.Kimberley Brownlee - 2010 - Oxford Journal of Legal Studies 30 (2):385-397.
    Few defences of retribution in criminal justice make a plausible case for the view that punishment plays a necessary role in restoring relations between offenders, victims and the community. Even fewer defences of retribution make a plausible appeal to the interpersonal practice of apologizing as a symbolically adequate model for criminal justice. This review article considers Christopher Bennett’s engaging defence of an apology ritual in criminal justice, an account of justifiable punishment that draws from the best of retributive (...)
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  25.  44
    Retribution Revisited.John Wilson - 1987 - Philosophy 62 (239):94 - 95.
    I am grateful for Professor Manser's criticisms of my brief remarks on f retribution, and in particular for his concluding challenge , because they bring out the central point I was trying to make—that ‘Retribution aims at a restoration of balance by compensation’ . I interpreted ‘compensation’ widely, to include the disadvantaging a person should suffer ‘if somebody breaks the rules of a particular deal’ , in order that the proper status of the participants be restored. The injury (...)
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  26. Retribution and the theory of punishment.Hugo Adam Bedau - 1978 - Journal of Philosophy 75 (11):601-620.
    This paper examines hart's model (1967) of the retributive theory. section i criticizes the model for not answering all the main questions to which a theory of punishment should be addressed, as hart alleges it does. section ii criticizes the model for its omission of the concept of desert. section iii criticizes attempts by card (1973) and by von hirsch (1976) to provide new ways of proportioning punitive severity to criminal injury. section iv discusses the idea of retribution in (...)
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  27.  96
    The Three Rs: Retribution, Revenge, and Reparation.Tamler Sommers - 2016 - Philosophia 44 (2):327-342.
    Nearly all retributive theories of punishment adopt the following model. Punishments are justified when the wrongdoers receive the punishment they deserve. A deserved punishment is one that is proportionate to the offender’s culpability. Culpability has two components: the severity of the wrong, and the offender’s blameworthiness. The broader aim of this article is to outline an alternative retributivist model that directly involves the victim in the determination of the appropriate and just punishment. The narrower aim is to show that the (...)
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  28.  44
    Judging the Goring Ox: Retribution Directed Toward Animals.Geoffrey P. Goodwin & Adam Benforado - 2015 - Cognitive Science 39 (3):619-646.
    Prior research on the psychology of retribution is complicated by the difficulty of separating retributive and general deterrence motives when studying human offenders . We isolate retribution by investigating judgments about punishing animals, which allows us to remove general deterrence from consideration. Studies 2 and 3 document a “victim identity” effect, such that the greater the perceived loss from a violent animal attack, the greater the belief that the culprit deserves to be killed. Study 3 documents a “targeted (...)
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  29.  18
    Illiberal polity as the retribution of post-imperial nation-building: The case of Turkey.Cengiz Aktar - 2024 - Philosophy and Social Criticism 50 (4):629-637.
    Turkey, in direct lineage of the Ottoman Empire, experimented a particularly violent nation-building out of the imperial ashes. Non-Muslims corresponding to one fifth of its population have been annihilated for the creation of a homogeneous nation State. These crimes have never been accounted for, giving way to a culture of impunity, self-righteousness, contempt for the rule of law and justice which, over years, pushed the polity towards an illiberal if not totalitarian essence and praxis, domestically against its own constituency and (...)
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  30.  57
    Disqualification, Retribution, Restitution: Dilemmas of Justice in Post-Communist Transitions.Claus Offe - 1993 - Journal of Political Philosophy 1 (1):17-44.
  31.  71
    Retribution, reciprocity, and respect for persons.M. Margaret Falls - 1987 - Law and Philosophy 6 (1):25 - 51.
  32.  38
    The Political Legitimacy of Retribution: Two Reasons for Skepticism.Benjamin Ewing - 2015 - Law and Philosophy 34 (4):369-396.
    Retributivism is often portrayed as a rights-respecting alternative to consequentialist justifications of punishment. However, I argue that the political legitimacy of retribution is doubtful precisely because retribution privileges a controversial conception of the good over citizens’ rights and more widely shared, publicly accessible interests. First, even if retribution is valuable, the best accounts of its value fail to show that it can override or partially nullify offenders’ rights to the fundamental forms of liberty of which criminal punishment (...)
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  33.  28
    Retribution, Justice, And Therapy: Essays in the Philosophy of Law.J. G. Murphy - 1979 - Springer Verlag.
    One might legitimately ask what reasons other than vanity could prompt an author to issue a collection of his previously published essays. The best reason, I think, is the belief that the essays hang together in such a way that, as a book, they produce a whole which is in a sense greater than the sum of its parts. When this happens, as I hope it does in the present case, it is because the essays pursue related themes in such (...)
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  34. La rétribution individuelle.Pierre Grelot - 2007 - Revue Thomiste 107 (2):179-220.
     
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  35.  67
    Retributive parsimony.Richard L. Lippke - 2009 - Res Publica 15 (4):377-395.
    Retributive approaches to the justification of legal punishment are often thought to place exacting and unattractive demands on state officials, requiring them to expend scarce public resources on apprehending and punishing all offenders strictly in accordance with their criminal ill deserts. Against this caricature of the theory, I argue that retributivists can urge parsimony in the use of punishment. After clarifying what parsimony consists in, I show how retributivists can urge reductions in the use of punishment in order to conserve (...)
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  36.  93
    Retributive justice.James P. Sterba - 1977 - Political Theory 5 (3):349-362.
  37.  68
    Retribution, Crime Reduction and the Justification of Punishment.David Wood - 2002 - Oxford Journal of Legal Studies 22 (2):301-321.
    The ‘dualist project’ in the philosophy of punishment is to show how retributivist and reductivist (utilitarian) considerations can be combined to provide an adequate justification of punishment. Three types of dualist theories can be distinguished—‘split‐level’, ‘integrated’ and ‘mere conjunction’. Split‐level theories (e.g. Hart, Rawls) must be rejected, as they relegate retributivist considerations to a lesser role. An attempted integrated theory is put forward, appealing to the reductivist means of deterrence. However, it cannot explain how the two types of considerations, retributivist (...)
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  38.  70
    Retribution, restitution and revenge.Dennis Klimchuk - 2001 - Law and Philosophy 20 (1):81-101.
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  39. A Retributive Argument Against Punishment.Greg Roebuck & David Wood - 2011 - Criminal Law and Philosophy 5 (1):73-86.
    This paper proposes a retributive argument against punishment, where punishment is understood as going beyond condemnation or censure, and requiring hard treatment. The argument sets out to show that punishment cannot be justified. The argument does not target any particular attempts to justify punishment, retributive or otherwise. Clearly, however, if it succeeds, all such attempts fail. No argument for punishment is immune from the argument against punishment proposed here. The argument does not purport to be an argument only against retributive (...)
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  40.  82
    From Retributive to Restorative Justice.Erin I. Kelly - 2021 - Criminal Law and Philosophy 15 (2):237-247.
    I am very grateful to Justin Coates, Adina Roskies, and Costanza Porro for their thoughtful and challenging comments on my book, The Limits of Blame: Rethinking Punishment and Responsibility. My response is organized around their discussion of four main topics: moral competence, proportionality, restorative justice, and excessive punishment.
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  41. The Retributive Emotions: Passions and Pains of Punishment.Jules Holroyd - 2010 - Philosophical Papers 39 (3):343-371.
    It is not usually morally permissible to desire the suffering of another person, or to act so as to satisfy this desire; that is, to act with the aim of bringing about suffering. If the retributive emotions, and the retributive responses of which they are a part, are morally permitted or even required, we will need to see what is distinctive about them. One line of argument in this paper is for the conclusion that a retributive desire for the suffering (...)
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  42.  31
    Retribution, Rehabilitation and the Revised Penal Code: Juridical Discourse in the Carceral State.Christine Veloso Lao - 2000 - Budhi: A Journal of Ideas and Culture 4 (1):121-168.
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  43. Retribution and Reformation.W. F. Lofthouse - 1942 - Hibbert Journal 41:37.
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  44.  86
    Retribution, the Death Penalty, and the Limits of Human Judgment.Anthony P. Roark - 1999 - International Journal of Applied Philosophy 13 (1):57-68.
    So serious a matter is capital punishment that we must consider very carefully any claim regarding its justification. Brian Calvert has offered a new version of the “argument from arbitrariness,” according to which a retributivist cannot consistently hold that some, but not all, first-degree murderers may justifiably receive the death penalty, when it is conceived to be a unique form of punishment. At the heart of this argument is the line-drawing problem, and I am inclined to think that it is (...)
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  45.  14
    Retribution and Deterrence in the Moral Judgments of Common Sense.F. C. Sharp & M. C. Otto - 1909 - International Journal of Ethics 20 (4):438.
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  46. Retribution and Mercy are One in God.Ronald Gregor Smith - 1941 - Hibbert Journal 40:326.
     
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  47. Retribution and restitution in Locke’s theory of punishment.Alex Tuckness - 2010 - Journal of Politics 72 (3):720–32.
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  48. Divine Retribution in Evolutionary Perspective.Isaac Wiegman - 2016 - In Wm Curtis Holtzen & Matthew Nelson Hill (eds.), In Spirit and Truth. CST Press. pp. 181-202.
  49. Divine retribution: A defence.Oliver D. Crisp - 2003 - Sophia 42 (2):35-52.
    The concept of divine justice has been the subject of considerable scrutiny in recent philosophical theology, as it bears upon the notion of punishment with respect to the doctrine of eternal damnation. In this essay, I set out a version of the traditional retributive view of divine punishment and defend it against one of the most important and influential contemporary detractors from this position, Thomas Talbott. I will show that, contrary to Talbott’s argument, punishment may satisfy divine justice, and that (...)
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  50.  35
    Chrysippus on Retribution and Rehabilitation.Paulo Fernando Tadeu Ferreira - 2013 - Dois Pontos 10 (2):109-34.
    The present article argues that Chrysippus' reply to the objection that Fate does away with that which is up to us (and therefore with justice in honor and punishments) consists in shifting the notion of that which is up to us from one in terms of ultimate origination to one in terms of self-sufficient causation—and thus in shifting the very notion of justice in honor and punishments from one in retributive terms to one in rehabilitative terms.
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