Retributivism: Essays on Theory and Policy [Mark D

: an argument for the confrontational conception of the retributivism / Dan Markel

Retributivism: Essays on Theory and Policy - OUP

This chapter focuses on recasting the retributivism of Immanuel Kant, grounding it in his demands for civic respect and political equality. Historically, many have thought of Kant’s account of the purpose and justification of punishment for legal offenses as a paradigm example of thoroughgoing retributivism. The chapter offers a detailed examination of the justification Kant provides for legal punishment, the purposes he recognizes, the protections he demands, and the principles he enunciates to guide the structuring of a penal system. What Kant endorses, it suggests, is a modern retributivist penal theory focused on civic respect for persons as citizens, with implications not only for institutions, laws, and policies, but for citizen attitudes and commitments. To illustrate significant differences between this view and classical retributivism, the chapter applies it to the famous Miranda decision and warnings, as well as a recent case of punishment perceived to be overly lenient.

In Retributivism: Essays on Theory and Policy, Professor Mark D

Retributivism: Essays on Theory and Policy

Public Affairs Quarterly , vol. 25 (October 2011): 305-325. Critical Review of International Social and Political Philosophy,vol. 15 (March 2012): 109-127. In Retributivism: Essays on Theory and Practice, edited by Mark D. White. Oxford: Oxford University Press, 201:73-90. Philosophical Perspectives: Ethics, vol. 23 (2009): 111-36 In Partiality and Impartiality, edited by Brian Feltham and John Cottingham. Oxford: Oxford University Press, 2010. In Debates in Contemporary Political Philosophy, Thomas Christiano and John Christman, eds., Oxford: Blackwell, 2009: 81-98.In The Oxford Handbook of Business Ethics, edited by George G. Brenkert and Tom L. Beauchamp. Oxford: Oxford University Press, 2009): 73-99.In Multiculturalism and Moral Conflict, edited by Maria Dimovia-Cookson and P.M.R. Stirk. London: Routledge, 2009: 19-37. Philosophy & Social Criticism, vol. 35 (January 2009): pp. 51-76.In Mill's On Liberty: A Critical Guide, edited by C.L. Ten. Cambridge: Cambridge University Press, 2008: 83-104. Theoria: A Journal of Social and Political Theory, no. 117 (2008): 26-53. In Liberalism, Conservatism, And Hayek's Idea Of Spontaneous Order, Peter McNamara, ed. London: Palgrave Macmillan, 2007: 149-76

Retributivism: Essays on Theory and Policy - Criminal …

This chapter focuses on recasting the retributivism of Immanuel Kant, grounding it in his demands for civic respect and political equality. Historically, many have thought of Kant's account of the purpose and justification of punishment for legal offenses as a paradigm example of thoroughgoing retributivism. The chapter offers a detailed examination of the justification Kant provides for legal punishment, the purposes he recognizes, the protections he demands, and the principles he enunciates to guide the structuring of a penal system. What Kant endorses, it suggests, is a modern retributivist penal theory focused on civic respect for persons as citizens, with implications not only for institutions, laws, and policies, but for citizen attitudes and commitments. To illustrate significant differences between this view and classical retributivism, the chapter applies it to the famous Miranda decision and warnings, as well as a recent case of punishment perceived to be overly lenient.

Retributivism: Essays on Theory and Policy - Mark D. …


Retributivism : essays on theory and policy / ..

The core of my recent writing has been the idea of a "public morality" that provides a common framework in which people pursue diverse ideals. This morality has both empirical and normative dimensions. It is empirical as it depends on a network of actual beliefs, intentions and behaviors. To be normative it must cohere with the deep, and diverse, normative commitments of the members of the public. I have built on the work of an earlier generation of social philosophers — such as Kurt Baier, P.F. Strawson, and F.A. Hayek, — who stressed how a diverse society requires a common, shared, moral, framework in which individuals can cooperate while pursuing conflicting ideals. Those interested in this project have much more to learn from the work of philosophers such as Cristina Bicchieri and Peter Vanderschraaf, and game theorists such as Herbert Gintis, than most of what goes under the rubric of "political philosophy."

Retributivism: Essays on Theory and Policy - PhilPapers

I wrote my doctoral dissertation under John W. Chapman, at the University of Pittsburgh. John taught me that political philosophers are not moralists: economics, political science, law, history, anthropology, and psychology— as well as philosophy — are all critical in thinking about appropriate ways for humans to organize themselves. After receiving my Ph.D. in 1979, I took up a Research Fellowship at the Australian National University, where I worked closely with Stanley Benn until his death in 1985. If John taught me how to be a political theorist, Stanley taught me how to be a philosopher. Yet both stressed a fundamental lesson: don't follow philosophical fashion and trendiness, but work on the problems that one thinks are important. So I have spent a good deal of my career swimming against the current. It can be tiring, but is more invigorating than floating downstream.

RETRIBUTIVISM: ESSAYS ON THEORY AND POLICY - …

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 justice, rather than to serve some general social purpose such as deterrence or individual purpose such as rehabilitation of the criminal or the vengeance of the victim. The contemporary debate over retributivist punishment has become particularly vibrant in recent years, focusing increasingly on its political and economic as well as its philosophical aspects, and also on its practical ramifications i ...