Results for 'Punishment '

970 found
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  1.  30
    Sophisticated retributivism.Hegel On Punishment & A. More - 2011 - In Mark D. White, Retributivism: Essays on Theory and Policy. Oxford University Press.
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  2.  15
    Michael T. Cahill.Punishment Pluralism - 2011 - In Mark D. White, Retributivism: Essays on Theory and Policy. Oxford University Press. pp. 25.
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  3. Dorothy E. Roberts.Punishing Drug Addicts Who Have Babies - 2006 - In Elizabeth Hackett & Sally Anne Haslanger, Theorizing feminisms: a reader. Oxford: Oxford University Press.
     
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  4. On the Matter of Suffering: Derek Parfit and the Possibility of Deserved Punishment.Leo Zaibert - 2017 - Criminal Law and Philosophy 11 (1):1-18.
    Derek Parfit has recently defended the view that no one can ever deserve to suffer. Were this view correct, its implications for the thorny problem of the justification of punishment would be extraordinary: age-old debates between consequentialists and retributivists would simply vanish, as punishment would only—and simply—be justifiable along Benthamite utilitarian lines. I here suggest that Parfit’s view is linked to uncharacteristically weak arguments, and that it ought to be rejected.
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  5. Persons and punishment.Herbert Morris - 1968 - The Monist 52 (4):475–501.
    Alfredo Traps in Durrenmatt’s tale discovers that he has brought off, all by himself, a murder involving considerable ingenuity. The mock prosecutor in the tale demands the death penalty “as reward for a crime that merits admiration, astonishment, and respect.” Traps is deeply moved; indeed, he is exhilarated, and the whole of his life becomes more heroic, and, ironically, more precious. His defense attorney proceeds to argue that Traps was not only innocent but incapable of guilt, “a victim of the (...)
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  6.  88
    On F. H. Bradley’s “Some Remarks on Punishment”.Thom Brooks - 2014 - Ethics 125 (1):223-225,.
    Most philosophers reject what we might call "penal pluralism": the idea that punishment can and should encompass multiple penal goals or principles. This is rejected because it is often held that different penal goals or principles will conflict: the goal of punishing an offender to the degree deserved may differ and even undermine the goal of enabling deterrence or rehabilitation. For this reason, most philosophers argue that we must make a choice, such as choosing between retribution and its alternatives. (...)
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  7.  62
    Tēn Tou Aristou Doxan: On the Theory and Practice of Punishment in Plato’s Laws.Lewis Trelawny-Cassity - 2010 - Polis 27 (2):222-239.
    The penal code of the Laws has attracted scholarly attention because it appears to advance a coherent theory of punishment. The Laws' suggestion that legislation follow the model of 'free doctors', as well as its discussion of the Socratic paradox, leads one to expect a theory of punishment that recommends kolasis and nouthetesis rather than timoria. In practice, however, the Laws makes use of the language of timoria and categorizes some crimes as voluntary. While the Laws provides a (...)
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  8. The Justification of Punishment.Antony Flew - 1954 - Philosophy 29 (111):291 - 307.
    I want to discuss philosophically, to glance at the logic of, the parts of this expression “the justification of punishment” and then to draw from this discussion one or two morals for discussions of the justification of punishment. This paper is based on one originally given to the Scots Philosophy Club at its Aberdeen meeting in 1953, as the third part of a symposium on The Justification of Punishment.
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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.  36
    Costly third-party punishment in young children.Katherine McAuliffe, Jillian J. Jordan & Felix Warneken - 2015 - Cognition 134 (C):1-10.
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  11. Mental impairment, moral understanding and criminal responsibility: Psychopathy and the purposes of punishment.Cordelia Fine & Jeanette Kennett - 2004 - International Journal of Law and Psychiatry 27 (5):425-443.
    We have argued here that to attribute criminal responsibility to psychopathic individuals is to ignore substantial and growing evidence that psychopathic individuals are significantly impaired in moral understanding. They do not appear to know why moral transgressions are wrong in the full sense required by the law. As morally blameless offenders, punishment as a basis for detention cannot be justified. Moreover, as there are currently no successful treatment programs for psychopathy, nor can detention be justified on grounds of treatment. (...)
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  12. Liberalism and the general justifiability of punishment.Nathan Hanna - 2009 - Philosophical Studies 145 (3):325-349.
    I argue that contemporary liberal theory cannot give a general justification for the institution or practice of punishment, i.e., a justification that would hold across a broad range of reasonably realistic conditions. I examine the general justifications offered by three prominent contemporary liberal theorists and show how their justifications fail in light of the possibility of an alternative to punishment. I argue that, because of their common commitments regarding the nature of justification, these theorists have decisive reasons to (...)
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  13. A Paternalistic Theory of Punishment.Herbert Morris - 1981 - American Philosophical Quarterly 18 (4):263 - 271.
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  14. 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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  15. 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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  16. Rights and State Punishment.Christopher Wellman - 2009 - Journal of Philosophy 106 (8):419-439.
  17. Fair Play, Political Obligation, and Punishment.Zachary Hoskins - 2011 - Criminal Law and Philosophy 5 (1):53-71.
    This paper attempts to establish that, and explain why, the practice of punishing offenders is in principle morally permissible. My account is a nonstandard version of the fair play view, according to which punishment 's permissibility derives from reciprocal obligations shared by members of a political community, understood as a mutually beneficial, cooperative venture. Most fair play views portray punishment as an appropriate means of removing the unfair advantage an offender gains relative to law-abiding members of the community. (...)
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  18.  82
    Adam Smith and the Theory of Punishment.Richard Stalley - 2012 - Journal of Scottish Philosophy 10 (1):69-89.
    A distinctive theory of punishment plays a central role in Smith's moral and legal theory. According to this theory, we regard the punishment of a crime as deserved only to the extent that an impartial spectator would go along with the actual or supposed resentment of the victim. The first part of this paper argues that Smith's theory deserves serious consideration and relates it to other theories such as utilitarianism and more orthodox forms of retributivism. The second part (...)
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  19. Does Communicative Retributivism Necessarily Negate Capital Punishment?Jimmy Chia-Shin Hsu - 2015 - Criminal Law and Philosophy 9 (4):603-617.
    Does communicative retributivism necessarily negate capital punishment? My answer is no. I argue that there is a place, though a very limited and unsettled one, for capital punishment within the theoretical vision of communicative retributivism. The death penalty, when reserved for extravagantly evil murderers for the most heinous crimes, is justifiable by communicative retributive ideals. I argue that punishment as censure is a response to the preceding message sent by the offender through his criminal act. The gravity (...)
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  20. Hampton on the expressive power of punishment.Heather J. Gert, Linda Radzik & and Michael Hand - 2004 - Journal of Social Philosophy 35 (1):79–90.
    In her later writings Jean Hampton develops an expressive theory of punishment she takes to be retributivist. Unlike Feinberg, Hampton claims wrongdoings as well as punishments are expressive. Wrongdoings assert that the victim is less valuable than victimizer. On her view we are obligated to punish because we are obligated to respond to this false assertion. Punishment expresses the moral truth that victim and wrongdoer are equally valuable. We argue that Hampton's argument would work only if she held (...)
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  21.  64
    Hegel's idea of punishment.Peter G. Stillman - 1976 - Journal of the History of Philosophy 14 (2):169-182.
  22. Accidental outcomes guide punishment in a “trembling hand” game.Anna Dreber - unknown
    How do people respond to others' accidental behaviors? Reward and punishment for accidents might be depend on the actor's intentions, or instead on the unintended outcomes she brings about. Yet, existing paradigms in experimental economics do not include the possibility of accidental monetary allocations. We explore the balance of outcomes and intentions in a two-player economic game where monetary allocations are made with a "trembling hand": that is, intentions and outcomes are sometimes mismatched. Player 1 allocates $10 between herself (...)
     
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  23.  76
    Public Reason and the Justification of Punishment.Zachary Hoskins - 2022 - Criminal Justice Ethics 41 (2):121-141.
    Chad Flanders has argued that retributivism is inconsistent with John Rawls’s core notion of public reason, which sets out those considerations on which legitimate exercises of state power can be based. Flanders asserts that retributivism is grounded in claims about which people can reasonably disagree and are thus not suitable grounds for public policy. This essay contends that Rawls’s notion of public reason does not provide a basis for rejecting retributivist justifications of punishment. I argue that Flanders’s interpretation of (...)
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  24.  78
    Forgiveness, Apology, and Retributive Punishment.J. Angelo Corlett - 2006 - American Philosophical Quarterly 43 (1):25 - 42.
  25. Human Dignity, Capital Punishment, and an African Moral Theory (repr.).Thaddeus Metz - 2010 - In Luis Arroyo, Paloma Biglino & William Schabas, Towards Universal Abolition of the Death Penalty. Tirant lo Blanch. pp. 337-366.
    In this chapter, a reprint of an article initially appearing in the Journal of Human Rights (2010), I spell out a conception of dignity grounded on African moral thinking that provides a plausible philosophical foundation for human rights, focusing on the particular human right not to be executed by the state. I first demonstrate that the South African Constitutional Court’s sub-Saharan explanations of why the death penalty is degrading all counterintuitively entail that using deadly force against aggressors is degrading as (...)
     
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  26. Rights and Capital Punishment.Thomas Hurka - 1982 - Dialogue 21 (4):647-660.
    Discussions of the morality of capital punishment, and indeed discussions of the morality of punishment in general, usually assume that there are two possible justifications of punishment, a deterrence justification associated with utilitarianism and other consequentialist moral theories, and a retributive justification associated with deontological moral theories. But now that rights-based theories are attracting the increasing attention of moral philosophers it is worth asking whether these theories may not employ a different justification of punishment, with different (...)
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  27.  13
    “Getting Gut-Level”: Punishment, Gender, and Therapeutic Governance.Allison McKim - 2008 - Gender and Society 22 (3):303-323.
    Using ethnographic data gathered at a mandated, community-based drug treatment program for women offenders, this article analyzes how gendered notions of the self and of autonomy shape penal governance. This study examines how psychological models of women's deviance, racialized visions of motherhood, and therapeutic techniques of the self come into tension with expectations of responsible, autonomous citizenship. The program prioritized therapeutic ways of governing its clients over those that emphasized economic self-reliance, rational decision making, and normalizing gender. This is because (...)
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  28.  89
    The permissibility of punishment.Daniel McDermott - 2001 - Law and Philosophy 20 (4):403-432.
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  29. Self-defense, punishment, and proportionality.Larry Alexander - 1991 - Law and Philosophy 10 (3):323 - 328.
  30. Kant and Capital Punishment Today.Nelson T. Potter - 2002 - Journal of Value Inquiry 36 (2-3):267-282.
    We will consider alternative ways that Kant’s philosophical views on ethics generally and on punishment more particularly could be brought into harmony with the present near consensus of opposition to the death penalty. We will make use of the notion of the contemporary consensus about certain issues, particularly equality of the sexes and the death penalty, found in widespread agreement, though not unanimity. Of course, it is always possible that some consensuses are wrong, or misguided, or mistaken. We should (...)
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  31.  24
    Reinforcement and Punishment Shape the Learning Dynamics in fMRI Neurofeedback.Manfred Klöbl, Paul Michenthaler, Godber Mathis Godbersen, Simon Robinson, Andreas Hahn & Rupert Lanzenberger - 2020 - Frontiers in Human Neuroscience 14.
  32. Is AIDS a just punishment?T. F. Murphy - 1988 - Journal of Medical Ethics 14 (3):154-160.
    There are religious and philosophical versions of the thesis that AIDS is a punishment for homosexual behaviour. It is argued here that the religious version is seriously incomplete. Because of this incompleteness and because of the indeterminacies that ordinarily attend religious argumentation, it is concluded that the claim may be set aside as unconvincing. Homosexual behaviour is then judged for its morality against utilitarian, deontological, and natural law theories of ethics. It is argued that such behaviour involves no impediment (...)
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  33. A Conditional Defense of Shame and Shame Punishment.Erick Jose Ramirez - 2017 - Symposion: Theoretical and Applied Inquiries in Philosophy and Social Sciences 4 (1):77-95.
    This paper makes two essential claims about the nature of shame and shame punishment. I argue that, if we properly understand the nature of shame, that it is sometimes justifiable to shame others in the context of a pluralistic multicultural society. I begin by assessing the accounts of shame provided by Cheshire Calhoun (2004) and Julien Deonna, Raffaele Rodogno, & Fabrice Teroni (2012). I argue that both views have problems. I defend a theory of shame and embarrassment that connects (...)
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  34. Censure theory still best accounts for punishment of the guilty: Reply to Montague.Thaddeus Metz - 2009 - Philosophia 37 (1):113-23.
    In an article previously published in this journal, Phillip Montague critically surveys and rejects a handful of contemporary attempts to explain why state punishment is morally justified. Among those targeted is one of my defences of the censure theory of punishment, according to which state punishment is justified because the political community has a duty to express disapproval of those guilty of injustice. My defence of censure theory supposes, per argumentum, that there is always some defeasible moral (...)
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  35.  29
    How not to Define Punishment.Antony Duff - 2015 - Philosophy and Public Issues - Filosofia E Questioni Pubbliche 5 (1).
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  36. The evolution of retributive punishment : from static desert to responsive penal censure.Julian V. Roberts & Netanel Dagan - 2019 - In Antje du Bois-Pedain & Anthony E. Bottoms, Penal censure: engagements within and beyond desert theory. New York: Hart Publishing.
  37. Responsibility and punishment: whose mind? A response.Oliver Goodenough - 2006 - In Semir Zeki & Oliver Goodenough, Law and the Brain. Oxford University Press.
     
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  38. Note on Defining 'Punishment'.Don E. Scheid - 1980 - Canadian Journal of Philosophy 10 (3):453 - 462.
    Dictionaries distinguish the following senses of ‘punishment’:the act of punishing, or the fact of being punished - where ‘punish’ is defined as: an act of public authority causing an offender to suffer for an offense. As In: ‘the respectable not only obey the law, but punish those who refuse to do so’.that which is inflicted as a penalty for an offense. As in: ‘all punishments are to be carried out in the Barrack Yard’, ‘fit the punishment to the (...)
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  39. Fortifying the Self-Defense Justification of Punishment.Cogley Zac - 2017 - Public Affairs Quarterly 31 (4).
    David Boonin has recently advanced several challenges to the self-defense justification of punishment. Boonin argues that the self-defense justification of punishment justifies punishing the innocent, justifies disproportionate punishment, cannot account for mitigating excuses, and does not justify intentionally harming offenders as we do when we punish them. In this paper, I argue that the self-defense justification, suitably understood, can avoid all of these problems. To help demonstrate the self-defense theory’s attraction, I also develop some contrasts between the (...)
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  40.  34
    The meaning of "punishment".Sidney Gendin - 1967 - Philosophy and Phenomenological Research 28 (2):235-240.
  41. 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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  42.  36
    Religious concepts of punishment and reward.Shlomo Biderman & Asa Kasher - 1984 - Philosophy and Phenomenological Research 44 (4):433-451.
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  43. Emotions, retribution, and punishment.Christopher Ciocchetti - 2009 - Journal of Applied Philosophy 26 (2):160-173.
    I examine emotional reactions to wrongdoing to determine whether they offer support for retributivism. It is often thought that victims desire to see their victimizer suffer and that this reaction offers support for retributivism. After rejecting several attempts to use different theories of emotion and different approaches to using emotions to justify retributivism, I find that, assuming a cognitive theory of emotion is correct, emotions can be used as heuristic guides much as suggested by Michael Moore. Applying this method to (...)
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  44.  34
    Periodisation, pluralism and punishment.Nicola Lacey - 2019 - Jurisprudence 10 (1):85-90.
    Volume 10, Issue 1, March 2019, Page 85-90.
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  45.  24
    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.
  46.  26
    Effects of consummatory response punishment in spatial-discrimination learning and response fixation.Charles H. Koski & Leonard E. Ross - 1965 - Journal of Experimental Psychology 70 (4):360.
  47. The moral justification of punishment : on Herbert Morris's legacy.Thomas Morawetz - 2023 - In Herbert Morris & George P. Fletcher, Herbert Morris: UCLA Professor of Law and Philosophy: in commemoration. [Jerusalem, Israel]: Mazo Publishers.
     
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  48. Time and Punishment in an Anesthetic World Order.Greg Moses - 2007 - In Mechthild Nagel & Seth Nii Asumah, Prisons and Punishment: Reconsidering Global Penality. pp. 71-75.
    "Do the Crime, Do the Time," is a commonplace formula for the meaning of incarceration. But time is precisely what a person is prevented from doing under conditions of incarceration. The prison regime becomes increasingly inhuman as time is displaced, represented in the extreme manifestation of solitary confinement, where all meaning of time is purged to the point that "the box" in New York houses 4.4 percent of inmates and accounts for 31.6 percent of suicides as reported in 2001.
     
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  49. Retaliation : Christian Reasons for Punishment : An overview.Mathias Schmoeckel - 2020 - In Mark Hill & Norman Doe, Christianity and Criminal Law. New York: Routledge.
     
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  50.  61
    Hobbes on Capital Punishment.David Heyd - 1991 - History of Philosophy Quarterly 8 (2):119 - 134.
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