Relevant bibliographies by topics / Retributivism

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  2. Dissertations / Theses
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  4. Book chapters

Academic literature on the topic 'Retributivism'

Author: Grafiati
Published: 4 June 2021
Last updated: 25 April 2022

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Journal articles on the topic "Retributivism"

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Galoob, Stephen R. "Retributivism and Criminal Procedure." New Criminal Law Review 20, no. 3 (2017): 465–505. http://dx.doi.org/10.1525/nclr.2017.20.3.465.

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Retributivist theories of punishment are in tension with due process. Some retributivists adopt a simple view that punishment of the deserving is normatively justified. However, this Simple Retributivism licenses unjust and illegitimate rules of criminal procedure. A more refined version of retributivism, on which a person’s punishment is justified only if she deserves to be punished for the offense with which she is charged and her desert bases cause her to be liable to punishment, avoids the troubling implications of Simple Retributivism. Refined Retributivism also entails specific principle
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Bronsther, Jacob. "The Limits of Retributivism." New Criminal Law Review 24, no. 3 (2021): 301–25. http://dx.doi.org/10.1525/nclr.2021.24.3.301.

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“Limiting retributivists” believe that the vagueness of retributive proportionality represents a moral opportunity. They maintain that the state can permissibly harm an offender for the sake of crime prevention and other nonretributive goods, so long as the sentence resides within the broad range of retributively “not undeserved” punishments. However, in this essay, I argue that retributivism can justify only the least harmful sentence within such a range. To impose a sentence beyond this minimum would be cruel from a retributive perspective. It would harm an offender to a greater degree witho
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RYBERG, JESPER. "Retributivism and Resources." Utilitas 25, no. 1 (2013): 66–79. http://dx.doi.org/10.1017/s0953820812000271.

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A traditional overall distinction between the various versions of retributive theories of punishment is that between positive and negative retributivism. This article addresses the question of what positive retributivism – and thus the obligation to punish perpetrators – implies for a society in which the state has many other types of obligation (e.g. obligations to provide its citizens with some degree of health care, education, protection, etc.). Several approaches to this question are considered. It is argued that the resource priority question constitutes a genuine and widely ignored chall
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Gurnham, David. "The moral narrative of criminal responsibility and the principled justification of tariffs for murder: Myra Hindley and Thompson and Venables." Legal Studies 23, no. 4 (2003): 605–23. http://dx.doi.org/10.1111/j.1748-121x.2003.tb00230.x.

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This paper examines the role of retributivism as a principled justification for punishment in the context of the judicial tariff judgments on Myra Hindley and Thompson and Venables. The paper examines the development of retributivist theory from the foundational premise of liberal individualism to its contemporary understanding as a communication of public censure. It is argued that, against the background of legal judgment on tariff issues, retributivism cannot be meaningful in itself. Determining the retributive requirements of justice necessarily involves the construction of a moral narrati
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Corlett, J. Angelo. "Making Sense of Retributivism." Philosophy 76, no. 1 (2001): 77–110. http://dx.doi.org/10.1017/s0031819101000067.

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This paper explicates and challenges John Rawl's argument concerning a rule-utilitarian theory of punishment. In so doing, it argues in favour of a retributivist theory of punishment, one that seeks to justify, not only particular forms of punishment, but the institution of punishment itself. Some crucial objections to retributivism are then considered: one regarding the adverse effects of punishment on the innocent, another concerning proportional punishment, a third pertaining to vengeance and retribution, a Marxian concern with retributive punishment, and a concern with the concept of deser
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Moore, Michael S. "Justifying Retributivism." Israel Law Review 27, no. 1-2 (1993): 15–49. http://dx.doi.org/10.1017/s0021223700016836.

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I shall address two concerns in this paper: first, what retributivism is, and second, how one justifies retributivism as the only proper theory of punishment. Since this paper is necessarily short, treatment of these topics is likewise abbreviated, although hopefully not so abbreviated but that it whets the appetite for those who wish to pursue them in greater depth.Retributivism is the view that we ought to punish offenders because and only because they deserve to be punished. Punishment is justified, for a retributivist, solely by the fact that those receiving it deserve it. Punishment of de
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Shaw, Elizabeth. "Retributivism and the Moral Enhancement of Criminals Through Brain Interventions." Royal Institute of Philosophy Supplement 83 (October 2018): 251–70. http://dx.doi.org/10.1017/s1358246118000383.

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AbstractThis chapter will focus on the biomedical moral enhancement of offenders – the idea that we could modify offenders’ brains in order to reduce the likelihood that they would engage in immoral, criminal behaviour. Discussions of the permissibility of using biomedical means to address criminal behaviour typically analyse the issues from the perspective of medical ethics, rather than penal theory. However, recently certain theorists have discussed whether brain interventions could be legitimately used for punitive (as opposed to purely therapeutic) purposes. For instance, Jesper Ryberg arg
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Brooks, Thom. "Is Hegel a Retributivist?" Hegel Bulletin 25, no. 1-2 (2004): 113–26. http://dx.doi.org/10.1017/s0263523200002044.

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Amongst contemporary theorists, the most widespread interpretation of Hegel's theory of punishment is that it is a retributivist theory of annulment, where punishments cancel the performance of crimes. The theory is retributivist insofar as the criminal punished must be demonstrated to be deserving of a punishment that is commensurable in value only to the nature of his crime, rather than to any consequentialist considerations. As Antony Duff says:[retributivism] justifies punishment in terms not of its contingently beneficial effects but of itsintrinsicjustice as a response to crime; the just
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LANDA, DIMITRI. "On the Possibility of Kantian Retributivism." Utilitas 21, no. 3 (2009): 276–96. http://dx.doi.org/10.1017/s0953820809990057.

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One of the most potent motivations for retributivist approaches to punishment has been their apparent connection to an ethical background shaped by the Kantian notion of morally autonomous and rational human agency. The present article challenges the plausibility of this connection. I argue that retributivism subverts, rather than embodies, the normative consequences of moral autonomy, justifying a social practice that conflicts with the considered judgments that the proper recognition of moral autonomy would authorize. The core of my case is the analysis of whether a punishment should be unde
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Clark, Michael. "Retribution and Organic Unities." Journal of Moral Philosophy 3, no. 3 (2006): 351–58. http://dx.doi.org/10.1177/1740468106071231.

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AbstractG.E. 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 an intrinsic good. Jonathan Dancy offers a different account of such unities on which, pace Moore, value do
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Dissertations / Theses on the topic "Retributivism"

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Martin, Robert Edward. "Retribution, proportionality and retributivism." Thesis, University College London (University of London), 1998. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.298806.

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Flohil, Jill Caroline. "Retributivism, functionalism, annulment and why consequences do and should matter." Thesis, National Library of Canada = Bibliothèque nationale du Canada, 1997. http://www.collectionscanada.ca/obj/s4/f2/dsk2/ftp04/mq22826.pdf.

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Perkins, Joanna. "Justification and responsibility in private law." Thesis, University of Oxford, 1999. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.312714.

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Johnson, Amanda Jane. "An Ideal Justification of Punishment." University of Sydney, 2006. http://hdl.handle.net/2123/1937.

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Doctor of Philosophy (PhD)<br>Legal punishment is frequently regarded as a cornerstone of both the legal system and of society more broadly yet (surely to its detriment) it is a practice which lacks a firm philosophical foundation. In spite of exercising many extremely capable legal and philosophical minds (particularly during the twentieth century) no generally agreed upon justification of punishment has been found. The nub of the problem has however been acknowledged as the inability of either of the major candidate theories (utilitarianism or retributivism) to provide an account able to add
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Parsley, Stephen. "Rethinking Legal Retribution." Digital Archive @ GSU, 2011. http://digitalarchive.gsu.edu/philosophy_theses/98.

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In this paper I discuss retributivist justifications for legal punishment. I argue that the main moral retributivist theories advanced so far fail to support a plausible system of legal punishment. As an alternative, I suggest, with some reservations, the legal retributivism advanced by Alan Brudner in his Punishment and Freedom.
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Södermark, Philip. "Angående obarmhärtiga samariter och vad som bör göras åt dem : En idékritik av obarmhärtig samarit-lagar." Thesis, Umeå universitet, Statsvetenskapliga institutionen, 2021. http://urn.kb.se/resolve?urn=urn:nbn:se:umu:diva-179889.

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What ought to be criminalized? There are many different answers to this question and the justifications vary widely. There are some things that most people seem to be able to agree onbut the opposite is very much true of other behaviors, examples that spring to mind are drugs, prostitution and gambling. The subject matter of this analysis falls square in the latter category. Bad samaritan laws prohibit individuals from refraining to rescue others in peril aslong as the risk to their own safety is minimal. Many countries in the world have passed such laws and yet they remain fiercely contested.
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Chehata, Hanan. "A penological critique of Christian and Islamic justifications of capital punishment." Thesis, Brunel University, 2006. http://bura.brunel.ac.uk/handle/2438/5162.

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This thesis provides a critique of the penology of capital punishment from the perspectives of Christianity and Islam. In order to ascertain the basic theological approaches of both religions towards capital punishment, Chapters 2 and 3 examine the core Scriptural texts, laws and traditions of both Christianity and Islam respectively. These chapters reveal how different methods of Scriptural interpretation and differences in religious practice, within each faith, have led to divergent opinions regarding the legitimacy and acceptability of capital punishment. Chapters 4 and 5 examine two of the
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Thomson, Cameron Matthew. "Morality, id est, worthiness to be happy : Kant's retributivism, the 'law' of unhappiness, and the eschatological reach of Kant's 'law of punishment'." Thesis, University of Edinburgh, 2012. http://hdl.handle.net/1842/8131.

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Throughout his work, Kant regularly glosses ‘morality’ (and cognate expressions) as ‘worthiness to be happy’ (Würdigkeit glücklich zu sein). As a rule, Kant’s commentators do not find this remarkable. Correctly understood, however, Kant’s gloss on ‘morality’ is remarkable indeed. This thesis shows why. In it, I argue that whenever we encounter Kant’s gloss, we are faced with an implicit, durable cluster of unjustified commitments; that these commitments both antedate and survive his ‘critical period’; that they are fundamentally practical in nature (i.e., that they are unexamined commitments t
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Agrawal, Devika. "The Impulse to Punish: A Critique of Retributive Justice." Scholarship @ Claremont, 2015. http://scholarship.claremont.edu/scripps_theses/635.

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This thesis explores the strength of the two major theories of punishment, consequentialism and retributivism. It also explores the two most critiqued systems of punishment in the world: The U.S and Norway. By presenting the idea that retributivism is the only plausible theory that can morally justify the U.S. penal practises, I argue against the theory by incorporating various objections delivered by Antony Duff, Michael Zimmerman, and Jeffrie Murphy. I then explore the question of what could possibly ground the Norwegian justice system, for the answer to this is crucial, if we hope to demand
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Landon, Matt. "Conceptions of Justice: A Sampling of Student Perspectives." Honors in the Major Thesis, University of Central Florida, 2014. http://digital.library.ucf.edu/cdm/ref/collection/ETH/id/1611.

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Although the literature in the field of criminal justice and philosophy is full of ideas of what constitutes "justice," little to nothing has been done to see where the average individual's opinion falls in relation to these ideas. This paper analyzes a cross-sectional convenience sample of students at UCF to determine their preference of six models of justice: utilitarianism, contractarianism, fairness, retributivism, moralism, and libertarianism. Correlating demographic factors are also discussed.<br>B.A.<br>Bachelors<br>Sociology<br>Sciences
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Books on the topic "Retributivism"

1

White, Mark D. Retributivism: Essays on theory and policy. Oxford University Press, 2011.

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Retributivism has a past: Has it a future? Oxford University Press, 2011.

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International Society for Philosophy of Law and Social Philosophy. Canadian Section. Special Nordic Conference. Retributivism and its critics: Papers of the special Nordic conference held at the University of Toronto, 25-27 June 1990. Franz Steiner Verlag, 1992.

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Lodigiani, Felice. Sistemi retributivi e contabilità delle paghe. 4th ed. FrancoAngeli, 1992.

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Santi, Paolo. Sindacato, differenziali retributivi, riformismo: Paolo Santi, scritti e testimonianze. F. Angeli, 2002.

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Donati, Amedeo. Prontuario del lavoro: Tabelle dei trattamenti retributivi, normativi, previdenziali e fiscali del lavoro subordinato. Il sole 24 ore, professione impresa, 1991.

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Valvo, Tino. Retribuzioni a confronto: Indagine empirica sulle strutture e sui differenziali retributivi, condotta nell'area torinese. F. Angeli, 1986.

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Manicastri, Maurizio. Il part-time: Aspetti normativi, retributivi e previdenziali della prestazione di lavoro a tempo parziale. 4th ed. Buffetti, 1988.

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Colle, Enrico Del. La disuguaglianza retributiva: Analisi statistico-economica dei trattamenti retributivi in Italia e riflessi sullo Stato sociale. F. Angeli, 1998.

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Retributivism & Its Critics (Arsp Beiheft,). Coronet Books, 1991.

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Book chapters on the topic "Retributivism"

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White, Mark D. "Retributivism." In Encyclopedia of Law and Economics. Springer New York, 2014. http://dx.doi.org/10.1007/978-1-4614-7883-6_524-1.

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White, Mark D. "Retributivism." In Encyclopedia of Law and Economics. Springer New York, 2019. http://dx.doi.org/10.1007/978-1-4614-7753-2_524.

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Donoso, Alfonso. "Traditional Retributivism." In Encyclopedia of Criminology and Criminal Justice. Springer New York, 2014. http://dx.doi.org/10.1007/978-1-4614-5690-2_679.

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Corlett, J. Angelo. "Assessing Retributivism." In Responsibility and Punishment. Springer Netherlands, 2004. http://dx.doi.org/10.1007/978-94-017-0421-2_5.

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Corlett, J. Angelo. "Assessing Retributivism." In Responsibility and Punishment. Springer Netherlands, 2013. http://dx.doi.org/10.1007/978-94-007-0776-4_6.

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Corlett, J. Angelo. "Assessing Retributivism." In Responsibility and Punishment. Springer Netherlands, 2001. http://dx.doi.org/10.1007/978-94-015-9851-4_5.

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Corlett, J. Angelo. "Retributivism and Recidivism." In Responsibility and Punishment. Springer Netherlands, 2011. http://dx.doi.org/10.1007/978-94-007-0776-4_7.

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Corlett, J. Angelo. "Forgiveness, Mercy, and Retributivism." In Responsibility and Punishment. Springer Netherlands, 2004. http://dx.doi.org/10.1007/978-94-017-0421-2_6.

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Corlett, J. Angelo. "Forgiveness, Mercy, and Retributivism." In Responsibility and Punishment. Springer Netherlands, 2001. http://dx.doi.org/10.1007/978-94-015-9851-4_6.

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Norrie, Alan W. "Purifying Juridical Individualism: Kantian Retributivism." In Law, Ideology and Punishment. Springer Netherlands, 1991. http://dx.doi.org/10.1007/978-94-009-0699-0_3.

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