Jump to ContentJump to Main Navigation

You are looking at 1-20 of 114 items

  • Keywords: retributivism x
Clear All Modify Search

View:

Retributivism I: Fair Play Theory

Matt Matravers

in Justice and Punishment: The Rationale of Coercion

Published in print:
2000
Published Online:
November 2003
ISBN:
9780198295730
eISBN:
9780191599828
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/0198295731.003.0003
Subject:
Political Science, Political Theory

A recent attempt to revive retributive theories of punishment, pioneered by Herbert Morris and Jeffrie Murphy, argues that punishment restores the balance of benefits and burdens in a society; a ... More


Retributivism II: Resentment, Guilt, and Censure

Matt Matravers

in Justice and Punishment: The Rationale of Coercion

Published in print:
2000
Published Online:
November 2003
ISBN:
9780198295730
eISBN:
9780191599828
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/0198295731.003.0004
Subject:
Political Science, Political Theory

The recent revival of retributive theory has been led by Michael Moore's claim that retributivism has moral worth, and by communicative and expressive theories of punishment that emphasize guilt and ... More


The Ends of Harm: The Moral Foundations of Criminal Law

Victor Tadros

Published in print:
2011
Published Online:
January 2012
ISBN:
9780199554423
eISBN:
9780191731341
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199554423.001.0001
Subject:
Law, Criminal Law and Criminology, Philosophy of Law

Victor Tadros sets out to defend the ‘duty view’ of punishment. On this view, the permission to punish offenders is grounded in the duties that they incur in virtue of their wrongdoing. The most ... More


Retributivism: Essays on Theory and Policy

Mark D. White (ed.)

Published in print:
2011
Published Online:
May 2011
ISBN:
9780199752232
eISBN:
9780199895342
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199752232.001.0001
Subject:
Law, Criminal Law and Criminology

This book offers analysis and explanations of new developments in retributivism, the philosophical account of punishment that holds that wrongdoers must be punished as a matter of right, duty, or ... More


Introduction

Alan Brudner

in Punishment and Freedom

Published in print:
2009
Published Online:
September 2009
ISBN:
9780199207251
eISBN:
9780191705502
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199207251.003.0001
Subject:
Law, Philosophy of Law, Criminal Law and Criminology

This introductory chapter states the book's thesis — that penal action by public officials is permissible force rather than wrongful violence only if it could be accepted by the agent as being ... More


The Costs to Criminal Theory of Supposing that Intentions are Irrelevant to Permissibility *

Douglas Husak

in The Philosophy of Criminal Law: Selected Essays

Published in print:
2010
Published Online:
May 2010
ISBN:
9780199585038
eISBN:
9780191723476
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199585038.003.0004
Subject:
Law, Philosophy of Law

This chapter describes the costs that criminal theory would be forced to pay by adopting the view (currently fashionable among many moral philosophers) that the intentions of the agent are irrelevant ... More


Mistake of Law and Culpability *

Douglas Husak

in The Philosophy of Criminal Law: Selected Essays

Published in print:
2010
Published Online:
May 2010
ISBN:
9780199585038
eISBN:
9780191723476
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199585038.003.0011
Subject:
Law, Philosophy of Law

This chapter examines how retributivists should decide whether and to what extent a person should be punished for committing a criminal offense when he is ignorant of the law he violates. It contends ... More


Why Punish the Deserving?

Douglas Husak

in The Philosophy of Criminal Law: Selected Essays

Published in print:
2010
Published Online:
May 2010
ISBN:
9780199585038
eISBN:
9780191723476
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199585038.003.0016
Subject:
Law, Philosophy of Law

This chapter argues that a comprehensive justification for punishing criminals must address why those persons who deserve to be punished should actually be punished by the state, all things ... More


Punishment

Charles Goodman

in Consequences of Compassion: An Interpretation and Defense of Buddhist Ethics

Published in print:
2009
Published Online:
May 2009
ISBN:
9780195375190
eISBN:
9780199871377
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195375190.003.0010
Subject:
Religion, Buddhism

If Buddhists really hold consequentialism and hard determinism, we would expect them to endorse utilitarian views of punishment and reject retributivism. We find this kind of view on the ... More


Repaying Moral Debts: Self‐Punishment and Restitution

Linda Radzik

in Making Amends: Atonement in Morality, Law, and Politics

Published in print:
2009
Published Online:
January 2009
ISBN:
9780195373660
eISBN:
9780199871971
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195373660.003.0002
Subject:
Philosophy, Moral Philosophy

The chapter focuses on the conception of atonement as repayment of a moral debt. The metaphor of moral debt and repayment is traditionally developed in two ways. First, retributivism and satisfaction ... More


Placing Blame: A Theory of the Criminal Law

Michael S. Moore

Published in print:
2010
Published Online:
September 2010
ISBN:
9780199599493
eISBN:
9780191594649
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199599493.001.0001
Subject:
Law, Philosophy of Law, Criminal Law and Criminology

The book aims to give a comprehensive theory of the substantive criminal law. It first develops a theory of what a comprehensive theory of any area of law, such as criminal law, should look like. ... More


Closet Retributivism

Michael Moore

in Placing Blame: A Theory of the Criminal Law

Published in print:
2010
Published Online:
September 2010
ISBN:
9780199599493
eISBN:
9780191594649
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199599493.003.0002
Subject:
Law, Philosophy of Law, Criminal Law and Criminology

This chapter has two aims. First, it seeks to develop an adequate taxonomy of possible (and historically advocated) theories of punishment. Utilitarian, retributive, rehabilitative, and mixed ... More


Justifying Retributivism

Michael Moore

in Placing Blame: A Theory of the Criminal Law

Published in print:
2010
Published Online:
September 2010
ISBN:
9780199599493
eISBN:
9780191594649
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199599493.003.0004
Subject:
Law, Philosophy of Law, Criminal Law and Criminology

This chapter mulls over the justificatory apparatus of the preceding chapter. A secondary literature critical of that apparatus has developed, and the main arguments of that literature are ... More


Pro Tanto Retributivism: Judgment and the Balance of Principles in Criminal Justice

Mark D. White

in Retributivism: Essays on Theory and Policy

Published in print:
2011
Published Online:
May 2011
ISBN:
9780199752232
eISBN:
9780199895342
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199752232.003.0008
Subject:
Law, Criminal Law and Criminology

This chapter suggests a way that deontological retributivists can accommodate the compromises to just punishment made necessary in the real world by scarce resources and competing societal needs and ... More


Punishment

Alan Brudner

in Punishment and Freedom

Published in print:
2009
Published Online:
September 2009
ISBN:
9780199207251
eISBN:
9780191705502
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199207251.003.0002
Subject:
Law, Philosophy of Law, Criminal Law and Criminology

This chapter sets out and defends a version of retributivism that the book calls legal retributivism, and shows how it is untouched by the criticisms directed by consequentialists against moral ... More


Limiting Retributivism and Other Hybrid Theories

Richard S. Frase

in Just Sentencing: Principles and Procedures for a Workable System

Published in print:
2012
Published Online:
January 2013
ISBN:
9780199757862
eISBN:
9780199979547
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199757862.003.0002
Subject:
Law, Criminal Law and Criminology

Punishments require clear and convincing justification—by definition, they impose unpleasant and usually harmful consequences on offenders, and they also consume scarce public resources. Moreover, ... More


Retrieving Retributivism

R.A. Duff

in Retributivism: Essays on Theory and Policy

Published in print:
2011
Published Online:
May 2011
ISBN:
9780199752232
eISBN:
9780199895342
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199752232.003.0002
Subject:
Law, Criminal Law and Criminology

This chapter offers new perspectives on his position that punishment communicates the censure that the offender deserves for his crime, focusing on the challenge of explaining why penal “hard ... More


Rethinking Responsibility

K. E. Boxer

Published in print:
2013
Published Online:
May 2013
ISBN:
9780199695324
eISBN:
9780191752216
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199695324.001.0001
Subject:
Philosophy, Moral Philosophy

This book is about moral responsibility and whether such responsibility is compatible with causal determinism. It is written by a philosopher who began with deeply incompatibilist intuitions, but ... More


Conclusion

John Braithwaite and Philip Pettit

in Not Just Deserts: A Republican Theory of Criminal Justice

Published in print:
1992
Published Online:
October 2011
ISBN:
9780198240563
eISBN:
9780191680205
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198240563.003.0010
Subject:
Philosophy, Political Philosophy

This chapter does no more than touch upon some salient conclusions. First, it highlights the key features of the republican theory. Second, it notes major complaints against retributivism; and third, ... More


Introduction

John Braithwaite and Philip Pettit

in Not Just Deserts: A Republican Theory of Criminal Justice

Published in print:
1992
Published Online:
October 2011
ISBN:
9780198240563
eISBN:
9780191680205
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198240563.003.0001
Subject:
Philosophy, Political Philosophy

This chapter sets out the purpose of the book, which is to develop a theory of criminal justice that does not impel us to think about harmful conduct in terms of crime and punishment. It provides a ... More


View: