Digital Commons Network^™

"I Feel Love": Ḥasdai Crescas On Reward And Punishment, Igor De Souza

Journal of Textual Reasoning

In his work Light of the Lord, Ḥasdai Crescas develops a seemingly naturalistic account of the doctrine of personal reward and punishment. For Crescas, reward and punishment are not doled out by a deity to an individual for fulfilling the mitzvot. Rather, reward or punishment depend on the extent to which an individual exercises will and effort in investigating true beliefs. One is rewarded not merely for accepting true beliefs as such, but more so for assenting to them, a process that involves intention as well as exertion in establishing the truth of those beliefs. Furthermore, one is …

Where The Right To Resist Went Wrong, A Critique Of Dworkin’S Theory Of Disobedience, Juan N. Pava

Ephemeris, the Undergraduate Journal of Philosophy

No abstract provided.

Juvenile Life Without Parole: Exposing The Parallels Between Juvenile Offenders And Those Who Sentence Them, Autumn Fortenberry

Honors Theses

This thesis will discuss Juvenile Life Without Parole sentencing (JLWOP) from three perspectives: (1) the evolving standard of decency as developed through relevant U.S. Supreme Court cases; (2) the cognitive and psychosocial development of adolescents that creates reduced culpability in juvenile offenders; and (3) the justifications and implications of punishment as-applied to juvenile offenders. In my fourth chapter, I argue that JLWOP sentencing disregards the humanity and transformable nature of juvenile offenders. I will then draw a parallel between the implications of a juvenile offender's underdeveloped cognitive functions on their decision-making processes and the implications of a trial judge's underdeveloped …

The Philosophy Of Punishment: An Analysis Of Criminal Punishment In The Context Of Moral Justice, Bailey Mckeon

Senior Theses and Projects

No abstract provided.

On "Broken Nest: Deterring China From Invading Taiwan" And Authors' Response, Eric Chan

The US Army War College Quarterly: Parameters

No abstract provided.

A Criticism Of Retributivism: Identifying The Unavoidable And Undesirable Consequences Of Accepting Of Not Accepting “Ought Implies Can”, Samantha Bloomfield

Scripps Senior Theses

Retributivism makes two claims: the guilty deserve to be punished in proportion to their culpability, and the innocent deserve not to be punished. Through a discussion of our ineliminable susceptibility to luck, our inability to avoid epistemic fallibility, and the implications of either accepting or not accepting Ought Implies Can, I aim to identify retributivism as an inept moral theory.

Proportionality, Constraint, And Culpability, Mitchell N. Berman

All Faculty Scholarship

Philosophers of criminal punishment widely agree that criminal punishment should be “proportional” to the “seriousness” of the offense. But this apparent consensus is only superficial, masking significant dissensus below the surface. Proposed proportionality principles differ on several distinct dimensions, including: (1) regarding which offense or offender properties determine offense “seriousness” and thus constitute a proportionality relatum; (2) regarding whether punishment is objectionably disproportionate only when excessively severe, or also when excessively lenient; and (3) regarding whether the principle can deliver absolute (“cardinal”) judgments, or only comparative (“ordinal”) ones. This essay proposes that these differences cannot be successfully adjudicated, and one …

Asymmetry And Symmetry Of Acts And Omissions In Punishment, Norms, And Judged Causality, Toby Handfield, John Thrasher, Andrew Corcoran, Shaun Nichols

Philosophy Faculty Articles and Research

Harmful acts are punished more often and more harshly than harmful omissions. This asymmetry has variously been ascribed to differences in how individuals perceive the causal responsibility of acts versus omissions and to social norms that tend to proscribe acts more frequently than omissions. This paper examines both of these hypotheses, in conjunction with a new hypothesis: that acts are punished more than omissions because it is usually more efficient to do so. In typical settings, harms occur as a result of relatively few harmful actions, but many individuals may have had the opportunity to prevent or rectify the harm. …

Towards A Moral Education Theory Of Childhood Punishment, Hamilton S. Garber

Haslam Scholars Projects

This paper serves as a defense of the application of moral education theory to childhood punishments and includes a recommendation for proper punishment based on a Razian conception of autonomy. Punishment on this account can and should infringe upon autonomy, but it must do so according to certain restraints. Accordingly, this paper includes a test to determine whether a punishment is permissible. The moral education theory can be justified through its aptitude at producing moral adults who follow moral rules by their own volition, however, morally educative punishments will likely produce other side benefits such as deterrence as well.

Nietzsche On Criminality, Laura N. Mcallister

USF Tampa Graduate Theses and Dissertations

In Nietzsche scholarship, little has been done regarding Nietzsche’s reflections on penology and criminology. This dissertation aims to critically examine Friedrich Nietzsche’s thoughts on justice, punishment, and the criminal and to show that his interest in these topics runs throughout his writings. Nietzsche attacked the tradition of Western justice theory and the idea that justice consists in giving each their due. I argue that in place of this notion of justice, he puts forth a non-metaphysical, naturalistic account of justice that refuses to judge and hold man accountable. In addition, I explicate Nietzsche’s passionate critique of punishment, which stops short …

Suffrage Over Suffering: How Disenfranchisement Erodes The Legitimacy Of Democratic Punishment, Kendall Hollimon

CMC Senior Theses

In this thesis I analyze both retributive and consequentialist justifications for punishment to understand the foundation for disenfranchisement as punishment. I then argue that although some of these justifications can condone disenfranchisement, the practice of disenfranchising criminals damages the democratic process, thus delegitimizing the punishments that societies democratically decide to impose.

Villains, Morality, And Redemption: A Content Analysis Of Children’S Movies, Iqra Ishaq

Senior Honors Projects

Research on children’s movies has yielded important findings on messaging about gender, race, ethnicity, sexuality, (dis)ability, mental illness, aging, and even death. All of this research has recognized the important role children’s movies play in children’s upbringing and informal education. Not only do children’s movies reflect the commonly-held values of the time, but they impart these values to their audience. Children, as the target audience of these movies, are extremely susceptible to absorbing these values and messages.

My research examines what messages children’s movies impart about villains. It includes a content-analysis of 80 full-length animated movies released by Disney, DreamWorks, …

The Political Psychology Of Crossroads, Ibpp Editor

International Bulletin of Political Psychology

This article elaborates on how the construct of crossroads has situated within political psychological discourse.

The Just Response To Crime: To Harm Or To Heal?, Matthew M. Silberstein

Philosophy Department Student Scholarship

In the realm of criminal justice, Western society has primarily relied on retributive justice system. A retributive system uses punishment as the standard response to crime. In recent years, some have formulated a different criminal justice system, that of restorative justice. Rather than punishment, restorative justice proponents argue that justice is achieved in the aftermath of crime by healing the trauma incurred by crime. The aim of this project is to articulate the value of restorative justice and evaluate its prospects.

Race And The Extra-Legal Punishment Of Professional Athletes, Samuel V. Bruton, Donald F. Sacco, Earl W. Spurgin, Kori N. Armstrong

2018 Faculty Bibliography

In recent years, major American sports teams and leagues have responded increasingly to players’ off-field, off-court wrongdoing by imposing extra-legal punishments (ELPs) on offending athletes. This paper focuses on an unexplored ethical concern raised by ELPs: teams’ and leagues’ economic incentive for racial bias in the imposed sanctions. In an experimental study, Black and White participants read a series of vignettes about fictional professional athletes who received ELPs for various off-field transgressions. Black participants evaluating punishments imposed on Black athletes found the ELPs inappropriate and overly punitive relative to punishments imposed on White or racially neutral athletes. Conversely, Whites assessing …

In Defense Of Penalizing (But Not Punishing) Civil Disobedience, David Lefkowitz

Philosophy Faculty Publications

While many contemporary political philosophers agree that citizens of a legitimate state enjoy a moral right to civil disobedience, they differ over both the grounds of that right and its content. This essay defends the view that the moral right to civil disobedience derives from (or is a facet of) a general right to political participation, and the characterization of that right as precluding the state from punishing, but not from penalizing, those who exercise it. The argument proceeds by way of rebuttals to criticisms of both claims recently advanced by Kimberley Brownlee. While in some cases those criticisms fail …

Punishing Without Free Will, Luis E. Chiesa

Luis Chiesa

Most observers agree that free will is central to our practices of blaming and punishment. Yet the conventional conception of free will is under sustained attack by the so-called determinists. Determinists claim that all of the events that take place in the universe – including human acts – are the product of causally determined forces over which we have no control. If human conduct is really determined by factors that we cannot control, how can our acts be the product of our own unfettered free will and what would that mean for the criminal law? The overwhelming majority of legal …

Fortifying The Self-Defense Justification Of Punishment, Zac Cogley

Journal Articles

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 self-defense justification, Warren Quinn’s better known ‘auto-retaliator’ argument, and desert-based justifications of punishment. In sum, I show that the self-defense justification of …

Fortifying The Self-Defense Justification Of Punishment, Zac Cogley

Zac Cogley

The Sounds Of Silence; Or, Isabella’S Counter Discourse In Measure For Measure, Gina Vivona

Theses and Dissertations

This argument reshapes the thinking about masculine dominance in Measure for Measure, and considers the patriarchy as a series of socially constructed, hence artificial, rules and regulations. It also explores how Isabella’s discourse and celibacy empower her to defy the constraints of early modern paradigms and achieve individual freedom.

Strict Liability's Criminogenic Effect, Paul H. Robinson

All Faculty Scholarship

It is easy to understand the apparent appeal of strict liability to policymakers and legal reformers seeking to reduce crime: if the criminal law can do away with its traditional culpability requirement, it can increase the likelihood of conviction and punishment of those who engage in prohibited conduct or bring about prohibited harm or evil. And such an increase in punishment rate can enhance the crime-control effectiveness of a system built upon general deterrence or incapacitation of the dangerous. Similar arguments support the use of criminal liability for regulatory offenses. Greater punishment rates suggest greater compliance.

But this analysis fails …

Too Subtle To Satisfy Many: Was Grotius's Teleology Of Punishment Predestined To Fail?, Jeremy Seth Geddert

Political Science Department Faculty Works

Most readers believe Grotius failed to refute Socinus in De satisfactione. This paper argues that Grotius's failure was one of reception rather than argument. It is possible to read De satisfactione as Grotius adverted: a genuine (if subtle) concept of satisfaction, and a defence of the (small-c) catholic faith. Grotius does reject a necessitarian identical satisfaction, in which a repayment is equal to a debt, but like Aquinas, he embraces a teleological equivalent satisfaction, in which a punishment fits a crime. Yet Grotius’s catholic theory was predestined not to persuade a wartime Continental audience whose centre had not held …

The Legal Limits Of “Yes Means Yes”, Paul H. Robinson

All Faculty Scholarship

This op-ed piece for the Chronicle of Higher Education argues that the affirmative consent rule of "yes means yes" is a useful standard that can help educate and ideally change norms regarding consent to sexual intercourse. But that goal can best be achieved by using “yes means yes” as an ex ante announcement of the society's desired rule of conduct. That standard only becomes problematic when used as the ex post principle of adjudication for allegations of rape. Indeed, those most interested in changing existing norms ought to be the persons most in support of distinguishing these two importantly different …

Defending The Social Good Theory Of Punishment, Sydney R. Scott

Pomona Senior Theses

This paper attempts to justify punishment on the grounds that it is a benefit to the person being punished. I accept the basic premise of a previous theory of punishment, the Moral Good Theory (MGT), which states that we cannot harm anyone. Thus, punishment can only be justified if it is not a harm. The MGT claims that punishment is beneficial in that it provides a moral education to the offender. I reject the idea that punishment is morally educational and instead propose a new theory which revises and strengthens the MGT, accounting for its flaws. This new theory, the …

Should The Law Convict Those Who Act From Conviction? Reflections On A Demands-Of-Conscience Criminal Defense, David Lefkowitz

Philosophy Faculty Publications

How should the judge or jury in a just criminal court treat a civil disobedient, someone who performs a conscientiously motivated communicative breach of the criminal law? Kimberley Brownlee contends that all else equal a court of law should neither convict nor punish such offenders. Though I agree with this conclusion, I contend that Brownlee mischaracterizes the nature of the criminal defense to which civil disobedients are entitled. Whereas Brownlee maintains that such actors ought to be excused for their criminal breach, I argue that they ought to enjoy a justification defense. Acts of civil disobedience are not (morally) wrongful …

Is It Ethical To Hold A Person Culpable For His Actions If He Cannot Recognize Right And Wrong, Tabitha E.H. Moses

Student Works

The field of neuroscience has opened up a proverbial can of worms when it comes to questions of free will and culpability. The more we know about the mind the more it appears that no one has any real choice in their actions. The ethical implications of this assumption are astronomical. Guilt and culpability come into question; it would seem unjust to punish a person for a crime if he had no choice but to commit it. While these are interesting questions for an ethicist they are impractical for society as they might affect how society functions. As such, the …

Blame And The Criminal Law, David Lefkowitz

Philosophy Faculty Publications

Many retributivists appear to presume that the concept of blame that figures in their accounts of just punishment is the same one people employ in their interpersonal moral relationships. David Shoemaker contends that this presumption is mistaken. Moral blameworthiness, he maintains, tracks only the meaning of a person's action––his reasons for acting as he did––while criminal blameworthiness, which he equates with liability to punishment, tracks only the impermissibility of an agent's action. I contest the second of these two claims, and in doing so defend the retributivists’ presumption. First, I argue that the purpose of a criminal trial can be …

The Impulse To Punish: A Critique Of Retributive Justice, Devika Agrawal

Scripps Senior Theses

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 prison reform and tailor our …

The Tragedy Of Punishment: An Insight Into Why Doing Something Good Feels Bad, Trevor Martin

Honors Theses

My motivation for writing on what I have come to call “the tragedy of punishment” is the seemingly paradoxical state of affairs associated with punishment. The first state of affairs is the general understanding that punishment is not just a necessary practice but also a morally good one that serves not only to give criminals their just deserts but also generally benefit society and those in it. The second state of affairs is the realization that, despite the understanding that punishment is painted as a moral good, when thinking about all the harm caused by punishment one cannot help but …

Empirical Desert, Individual Prevention, And Limiting Retributivism: A Reply, Paul H. Robinson, Joshua Samuel Barton, Matthew J. Lister

All Faculty Scholarship

A number of articles and empirical studies over the past decade, most by Paul Robinson and co-authors, have suggested a relationship between the extent of the criminal law's reputation for being just in its distribution of criminal liability and punishment in the eyes of the community – its "moral credibility" – and its ability to gain that community's deference and compliance through a variety of mechanisms that enhance its crime-control effectiveness. This has led to proposals to have criminal liability and punishment rules reflect lay intuitions of justice – "empirical desert" – as a means of enhancing the system's moral …