By J. Angelo Corlett
ISBN-10: 1402041470
ISBN-13: 9781402041471
ISBN-10: 1402041489
ISBN-13: 9781402041488
A provocative and lucid safety of retributivism opposed to a number of long-standing criticisms. the writer explores the problem of reparations for previous wrongs in relation to crimes dedicated opposed to local americans by way of the USA executive. Unequaled in its intensity and scope of debate the e-book delves deeply into specific issues with retributivism, accountability, and likely parts of reimbursement.
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Extra resources for Responsibility and Punishment (Library of Ethics and Applied Philosophy)
Example text
35. 4 Karl Menninger, The Crime of Punishment (New York: Viking Press, 1968). 30 CHAPTER 2 is only a metaphysical expression for the old jus talionis; eye against eye, tooth against tooth, blood against blood. . 5 he questions whether Immanuel Kant has it right in assuming that criminals truly act out of free will in a capitalist society. If they do not, then punishment of them is unjustified. Since sufficient unfreedom exists in capitalist society,6 criminals who act under conditions of capitalist unfreedom should not be punished, given that punishment is justified only to the extent that criminals act freely in what they do.
Of course, moral luck figures into all of this rather readily. 37 When one,s life prospects are dim from the start, it is not obvious that one ought to be held fully accountable for what one does. This is because under 34 Causal responsibility is typically but not always a pre-condition of legal retrospective responsibility, as noted in Cane, Responsibility in Law and Morality, p. 36. 35 Feinberg, Doing and Deserving, p. 222. 36 This notion of fault is borrowed from Feinberg, Doing and Deserving, p.
Lacking such argumentation, strong punishment abolitionism seems to fall upon the rocks of corroding moral despair. For a proper system of punishment just is a society’s way of holding properly responsible its citizens who are to some extent responsible for their own wrongdoings. By “to some extent responsible” I mean that some such persons act, fail to act, or attempt to act in ways such that they are, all things considered, at least partially liable to blame and punishment for at least some of their harmful wrongdoings.