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Desert, Retribution, and Torture - Stephen Kershnar

Desert, Retribution, and Torture

Paperback Published: 18th December 2001
ISBN: 9780761821533
Number Of Pages: 202

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On some accounts, punishment is justified by the good results that it brings about. In particular, punishment deters, incapacitates, and may, in some cases, rehabilitate criminals. On a retributivist theory, punishment is not justified on the basis of these desirable results, but rather on the fact that the wrongdoer has done something that deserves punishment. In Desert, Retribution, and Torture, Stephen Kershnar provides an in-depth defense of retributivism. Kershnar then uses this theory to provide support for the notion that very harsh forms of punishment, including torture, are morally justified.

Acknowledgmentsp. ix
Introductionp. xi
Retributivismp. xi
Retributivism and the Criminal Justice Systemp. xiv
The Structure of Punitive Desertp. 1
A Reductive Account of Punitive Desertp. 1
Some Implications of the Structure of Punitive Desertp. 7
Conclusionp. 11
The Basis of Deserved Punishment is a Culpable Wrongdoingp. 15
Introductionp. 15
The Act Theory and the Character Theory of Deserved Punishmentp. 17
If the Act Theory Is Correct, Then the Relevant Type of Act is a Culpable Wrongdoingp. 24
The Argument for the Act Theory of Deserved Punishmentp. 26
Conclusionp. 35
The Justification of Deserved Punishment via General Moral Principlesp. 41
Refutation versus Merely Casting Doubt on This Type of Argumentp. 42
Theories that Attempt to Justify the Principle of Deserved Punishment Via More General Moral Theoriesp. 42
Skepticism About Deserved Punishmentp. 61
Conclusionp. 63
A Defense of Retributivismp. 69
What is Retributivism?p. 69
An Argument for Retributivismp. 74
Objections to Impure Moral Retributivismp. 85
Conclusionp. 91
Reflexive Retributive Dutiesp. 97
The Victim Has a Moral Duty to Punish The Culpable Wrongdoerp. 97
The Duty to Punish the Culpable Wrongdoer Is Owed to the Victimp. 104
The Retributive Duty and the Libertarian-Duty Thesisp. 109
Conclusionp. 110
Rights Forfeiture in the Context of Culpable Wrongdoingp. 115
Introductionp. 115
The Argument for Rights Waiverp. 117
A Culpable Wrongdoer Does Not Waive Her Moral Right Through a Promise or Consentp. 123
The Structure of Rights Forfeiturep. 125
The Justification of Rights Forfeiturep. 137
Conclusionp. 142
Harsh Punishment
Mercy And Harsh Punishmentp. 149
Mercy Is an Imperfect Dutyp. 149
Mercy Does Not Prevent the Regular Imposition of Harsh Punishmentp. 152
Conclusionp. 165
An Argument for the Use of Torture As Punishmentp. 169
Introductionp. 169
The Argument for Torture as Justified Punishmentp. 169
Conclusionp. 196
Indexp. 201
Table of Contents provided by Syndetics. All Rights Reserved.

ISBN: 9780761821533
ISBN-10: 0761821538
Audience: General
Format: Paperback
Language: English
Number Of Pages: 202
Published: 18th December 2001
Publisher: UNIV PR OF AMER
Country of Publication: US
Dimensions (cm): 21.64 x 13.97  x 1.73
Weight (kg): 0.28

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