776 results on '"*RETRIBUTION"'
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2. Moral Responsibility Must Look Back.
- Author
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Coren, Daniel
- Abstract
I argue that to remove all backward-looking grounds and justification from the practice, as some theorists recommend, is to remove (not revise) moral responsibility. The most paradigmatic cases of moral responsibility must feature desert and retributive elements. So, moral responsibility must be (at least partially) backward-looking. When we hold people responsible, one reason we do so is that we believe that they deserve punishment or reward simply in virtue of the action for which we hold them responsible. None of this rebuts responsibility skepticism. For instance, forward-looking theories might adopt Myisha Cherry's proposal: anger as love without blameworthiness. [ABSTRACT FROM AUTHOR]
- Published
- 2024
- Full Text
- View/download PDF
3. Revenge or Gratitude? Major League Baseball Pitchers' Performance against Previous Teams.
- Author
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Friesen, Andrew P.
- Subjects
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T-test (Statistics) , *EMOTIONS , *DESCRIPTIVE statistics , *ATHLETES , *SPORTS participation , *PSYCHOLOGY of movement , *SPORTS events , *ATHLETIC ability , *COMPARATIVE studies , *BASEBALL , *WELL-being - Abstract
Professional athletes often change teams throughout the course of their careers. A common belief in sport is that players desire to have exceptionally better performances against teams that they have previously played for. The purpose of the current study was to investigate if there is support for the belief that athletes compete better against teams they have previously played for. We compared 229 major league baseball pitchers' career performance statistics to performance statistics against teams they have previously played for using paired sample t-tests. Our analysis of major league baseball pitchers indicated that they played significantly better against former teams as indicated by nine common pitcher performance metrics: Earned run average, opponents' batting average, walks plus hits per inning, opponents' on-base percentage, opponents' slugging average, opponents' on-base percentage plus slugging, strike-outs per nine innings pitched, walks per nine innings pitched, and hits per nine innings pitched. Evidence suggests that baseball pitchers perform better against teams they have previously played for compared against teams with no prior affiliation. Advanced sports analytics could help demonstrate psychological effects in sport. [ABSTRACT FROM AUTHOR]
- Published
- 2024
4. Illiberal polity as the retribution of post-imperial nation-building: The case of Turkey.
- Author
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Aktar, Cengiz
- Subjects
- *
NATION building , *POLITICAL systems , *RETRIBUTION , *PRAXIS (Process) , *OTTOMAN Empire - Abstract
Turkey, in direct lineage of the Ottoman Empire, experimented a particularly violent nation-building out of the imperial ashes. Non-Muslims corresponding to one fifth of its population have been annihilated for the creation of a homogeneous nation State. These crimes have never been accounted for, giving way to a culture of impunity, self-righteousness, contempt for the rule of law and justice which, over years, pushed the polity towards an illiberal if not totalitarian essence and praxis, domestically against its own constituency and externally against neighbours through an extensive neo-imperial drive. Paradoxically, such an outcome seems to constitute a belated retribution for the unaccounted crimes. [ABSTRACT FROM AUTHOR]
- Published
- 2024
- Full Text
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5. A Huxian’s Guide to Seduction Revenge Immortality.
- Author
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Mao, Sally Wen
- Subjects
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SEDUCTION , *REVENGE , *IMMORTALITY of the soul , *KARMA , *RETRIBUTION - Abstract
The author reflects on Huxian guide to seduction, revenge and immortality. She states that every year she indulge herself in real tenderness. She notes that if a vixen lives to the age of a thousand and gathers enough human essence, she will reach divinity and transform from hulijing (fox spirit) to huxian (immortal ninetailed fox). She also states that it is not right to question a person's right to take revenge and Karmic debts will always be paid with karmic retribution.
- Published
- 2024
6. P.F. Strawson on Punishment and the Hypothesis of Symbolic Retribution.
- Author
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Burms, Arnold, Cuypers, Stefaan E., and de Mesel, Benjamin
- Subjects
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RETRIBUTION - Abstract
Strawson's view on punishment has been either neglected or recoiled from in contemporary scholarship on 'Freedom and Resentment' (FR). Strawson's alleged retributivism has made his view suspect and troublesome. In this article, we first argue, against the mainstream, that the punishment passage is an indispensable part of the main argument in FR (section 1) and elucidate in what sense Strawson can be called 'a retributivist' (section 2). We then elaborate our own hypothesis of symbolic retribution to explain the continuum between moral reactive attitudes and punishment that Strawson only adumbrates (section 3). After this justification of the punitive response to wrongdoing, we compare and contrast our specific kind of retributivist hypothesis with other positions in the so-called 'new retributivism' (section 4). Our hypothesis differs from other subvarieties of expressive retributivism in putting centre stage the idea of punishment as taking up a reverential stance towards the victim. [ABSTRACT FROM AUTHOR]
- Published
- 2024
- Full Text
- View/download PDF
7. Between Redemption and Retribution: Justifying Commutations for Life-without-parole Sentences in California.
- Author
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Schartmueller, Doris
- Subjects
- *
PRISON release , *RETRIBUTION , *REDEMPTION , *PRISON sentences , *CLEMENCY , *RECIDIVISM - Abstract
For persons serving life-without-parole (LWOP) sentences in California, a commutation usually offers them the sole glimpse of hope for release from prison. While governors were reluctant to consider any sentence reductions from 1975 to 2016, commutations—including those for LWOP—have become a more frequent occurrence since. Yet, little is still known about how governors have justified reducing a sentence that initially offered no prospect of release from prison. Given the apparent change in practice, themes emerging from the content of 177 gubernatorial commutation summaries granted to persons serving LWOP sentences between 2017 and 2021 are analyzed in this paper. Through open coding, rehabilitative indicators (programming and institutional conduct) emerged as necessary preconditions for a commutation, while retributive factors (a reassessment of the nature of the crime and the prerogative to adjust excessive prison sentences or to correct sentencing errors) complemented sentence reductions. The findings expose the ethical issues that arise from an LWOP sentence and the subsequent commutation. More specifically, they shed light on the commitment offenses underlying commuted LWOP sentences and raise questions regarding the penal objectives that are supposed to be accomplished with permanent imprisonment. [ABSTRACT FROM AUTHOR]
- Published
- 2024
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8. القتل في القرآن والسنة (دراسة في الاسباب والآثار والوقاية).
- Author
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جاسب غازي رشك
- Abstract
Man was created for the sake of survival, and therefore he attains advancement and a high level, as God Almighty made him a caliph (I will make you a caliph on earth), the caliph due to the capabilities he possesses that qualifies him over the rest of creation, as God said (and We honored the children of Adam), that honor due to the qualities and virtues bestowed upon him, and he deserves to be with them. A caliph is respected and honored because through him the lineage is preserved and honor is preserved. Therefore, God granted him the right to live life with dignity and freedom, and no one has the right to rob this creature dear to God of his dignity and freedom in life. Therefore, it is considered that taking any soul is the death of all human beings, and that keeping this soul alive is a life for all mankind (and whoever kills a soul for other than a soul, it is as if he had killed all mankind, and whoever saves a life, it is as if he had saved all mankind). Therefore, killing a human being is considered one of the most heinous crimes punishable by law, whether intentionally or accidentally. Accordingly, the taking of a human life falls under the afterlife punishment that God has warned against and promised its perpetrator hell. For this reason, the Holy Qur’an and Sunnah have warned in verses and hadiths against this criminal act, and this phenomenon is undesirable because it involves the dispersal of human society and the spread of chaos and revenge that lead to the spread of transgression and dissolution in society. In this research, we discuss killing in the Qur’an and Sunnah, a study of the causes and effects, where we review the most important reasons that lead to killing, including religious weakness, faith, temptation, envy, mental and nervous influences, and anger.... We also review the most important effects resulting from killing, including the wrath of God Almighty and the Messengers, the disappearance of life, and the annihilation of creation and offspring. And sins and eternity in hellfire... in addition to discussing the most important ways to prevent murder by following legitimate and legal methods such as retribution for the perpetrator and precaution in sparing blood, which contributes to reducing chaos and spreading societal security. [ABSTRACT FROM AUTHOR]
- Published
- 2024
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9. THE INFLUENCE OF LOCAL TAXES AND LOCAL RETRIBUTIONS ON REGIONAL EXPENDITURE THROUGH LOCAL OWN-SOURCE REVENUE AS A MEDIATING VARIABLE DURING THE PANDEMIC PERIOD.
- Author
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Ervina and Hidayah, Nurul
- Subjects
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LOCAL taxation , *COVID-19 pandemic , *RETRIBUTION , *CAPITAL investments , *PANDEMICS - Abstract
Local Own Source Revenue had been greatly impacted by the Covid-19 pandemic. Local Taxes and Local Retribution has been decreased as many hotels, restaurants and entertainment businesses were not allowed to open. The aim of this research is to determine the effect of Local Taxes and Local Retribution during the Covid-19 pandemic on Local Own Source Revenue, which impacted on Capital Expenditures during the Covid-19 pandemic. The population in this study is 54 Local Government Yearly Financial Statement from 27 cities/regencies in West Java Province for 2020 and 2021. Sampling Method that is being used is non probability sampling method, with a total sample of 54. The independent variables of this research are Local Taxes and Local Retributions, the dependent variable of the research is Capital Expenditure and the mediation variable is Local Own Source Revenue. The research results show that Local Taxes and Local Retribution have a significant positive effect on Local Own Source Revenue and Capital Expenditures during the Covid19 pandemic, and Local Own Source Revenue positively mediates Local Taxes and Local Retriburtion on Capital Expenditures during the Covid-19 pandemic. [ABSTRACT FROM AUTHOR]
- Published
- 2024
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10. Salvation as to Celebrate Life through Initiating a Liberating Course of Karma: Experiences of the Blind and Visually Impaired in Hong Kong.
- Author
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Kung, Lap Yan
- Subjects
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RESURRECTION , *PEOPLE with visual disabilities , *KARMA , *SALVATION , *FOLKLORE , *REFLECTION (Philosophy) , *RETRIBUTION - Abstract
This study suggests Christian salvation, as God's power revealed in the eschaton brought by Jesus' action in incarnation, crucifixion and resurrection to initiate a liberating course of karma for the blind and visually impaired, is based on a critical challenge to a Chinese version of dis/ableism implicitly and explicitly expressed in a folk belief in paoying (a belief in retribution for what one does) and cán fèi (deformity and uselessness), thus empowering the blind and visually impaired to celebrate life in which they are received as a gift and they are gifted, with reference to the practice of the Hildesheimer Blindenmission in Hong Kong and a theological reflection of touch. [ABSTRACT FROM AUTHOR]
- Published
- 2024
- Full Text
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11. Five perspectives on holding wrongdoers responsible in Kant.
- Author
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Vilhauer, Benjamin
- Subjects
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PUBLIC law , *CRIMINAL law , *PUNISHMENT , *LIBERTY - Abstract
The first part of this paper surveys five perspectives in Kant's philosophy on the quantity of retribution to be inflicted on wrongdoers, ordered by two dimensions of difference – whether they are theoretical or practical perspectives, and the quantity of retribution they prescribe: (1) theoretical zero, the perspective of theoretical philosophy; (2) practical infinity, the perspective of God and conscience; (3) practical equality, the perspective of punishment in public law; (4) practical degrees, the perspective we adopt in private relations to others and (5) practical zero, a perspective I argue is entailed by Kant's doctrine of strict right, which is his justification of coercing compliance with public law. Kant acknowledges 1–4 but not 5. The second part draws on Kant's account of the burden of proof in criminal law to argue that Kant is wrong to adopt 3 in responding to criminals, and that we ought to adopt 5 instead. [ABSTRACT FROM AUTHOR]
- Published
- 2024
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12. CRIMINAL LAW IN KANT'S JURIDICAL THEORY. ON THE ARTICULATION BETWEEN THE RETRIBUTIVE AND THE PREVENTIVE FUNCTIONS OF PUNISHMENT.
- Author
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BEADE, ILEANA P.
- Subjects
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CRIMINAL law , *RETRIBUTION , *PREVENTION , *PUNISHMENT , *LEX talionis , *DURESS (Law) - Abstract
In this paper I analyze the relationship between the retributive and the preventive function of punishment, within the frame of Kant's juridical theory. Despite Kant's explicit rejection of the preventive function in his brief discussion on Criminal Law, his observations regarding right and coercion allow to establish an acknowledgement of the preventive function. In my discussion of this topic, I will consider some methodological, juridical and moral premises which influence Kant's emphasis on the retributive principle. I will also consider the relationship between both function (retributive and preventive) of punishment, within the frame of his brief treatment of Criminal Law. [ABSTRACT FROM AUTHOR]
- Published
- 2024
13. Is God's prescription of eternal hell for kâfirūn (infidels) in the Quran evil? Contesting Aijaz's understanding of kufr (infidelity) and an analysis of eternal punishment in the Quran.
- Author
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Ünügür Tabur, Ayşenur
- Subjects
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LOVE of God , *WISDOM , *PUNISHMENT , *RETRIBUTION , *GOOD & evil , *LEX talionis , *MEDICAL prescriptions - Abstract
This article concerns the problem of eternal hell in Islam as an aporetic problem of evil with a focus on Aijaz's description of the Islamic soteriology. I contest his description of Islamic culpability and his claim that all non-Muslims are regarded as kâfir and consigned to eternal hell. First, I aim to illustrate the pitfalls in his line of argumentation such as crude generalizations and selective reading of the Islamic sources, which seem to render his argument a strawman fallacy. I offer a more accurate analysis of the Islamic view, by arguing that only a limited group of people who fight against truth through evil actions are considered as kâfir. Second, building on my analysis of the notion of kâfir , I address the question whether God's perfect love and wisdom are compatible with limited salvific exclusivism. Thus, I aim to elaborate on the rationale behind the prescription of eternal punishment for the kâfir in the Quran in the rest of the article, by arguing that the kâfir is incapable of genuine repentance due to his character formed by his free choices. This, in turn, makes it impossible to achieve retributive justice through a finite punishment concerning the kâfir 's evil actions. [ABSTRACT FROM AUTHOR]
- Published
- 2023
- Full Text
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14. The Non-Political Foundations of the Problem of Dirty Hands.
- Author
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Zaibert, Leo
- Subjects
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PUNISHMENT , *CONSCIENCE , *RETRIBUTION , *POLITICAL science , *ETHICAL problems , *HUMAN behavior , *STATE power , *SELF-incrimination , *CRIMINAL justice system - Abstract
The Catholic approach demands some "determinate" (Walzer [24]: 178) and "socially expressed" (Walzer [24]: 177) punishment - and this is I the i reason why Walzer prefers it. And, more importantly, it obscures the fundamental nature and importance of the problem of dirty hands.[6] Consider how, for example, although Walzer concedes that we all - politicians and non-politicians alike - can face dirty hands dilemmas, he still insists that there is something special about the way in which politicians face these (or about what is at stake when it is politicians who face these dilemmas, etc.). Tellingly, Walzer suggests that this alleged right that non-politicians may have (and that politicians, regarding their political activity, certainly lack) "might be regarded as the moral equivalent of our legal right not to incriminate ourselves" (Walzer [24]: 165). The protestant approach exemplified by Weber also prescribes a punishment, but in Walzer's estimation, such punishment is too private and indeterminate, entirely left to the conscience of the tragic hero, thus giving us reason to suspect the politician with dirty hands of "either masochism or hypocrisy or both" (Walzer [24]: 177).[17] Walzer prefers the Catholic approach over the Protestant approach - Camus over Weber - because only the former prescribes a "determinate penalty" for a "determinate crime" (Walzer [24]: 178). [Extracted from the article]
- Published
- 2023
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15. A Critical Appraisal of The Role of Retribution in Aníkúlápó: The Movie.
- Author
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Adedokun, Theophilus Adedayo and Olanrewaju, Abolaji Christianah
- Subjects
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RETRIBUTION , *PUNISHMENT , *SUPERNATURAL , *JURISPRUDENCE , *DATA analysis - Abstract
This study examines Aníkúlápó, a Yoruba historical movie, to elucidate cultural perspectives on retributive justice. The study is grounded in the Yoruba worldview, which frames retribution as essential for restoring cosmic and social equilibrium when moral norms are violated. The data analysis used textual analysis of Aníkúlápó's narrative depictions of crime and punishment as insights into traditional Yoruba principles of retributive justice. The findings reveal that the movie accurately portrays customary public punishment processes in precolonial Yoruba society aimed at communal justice and harmony. Beliefs in supernatural forces dispensing divine retribution are also authentically represented. While punishments seek to deter crime and rehabilitate offenders, scholarly critiques note occasional unfairness and excess. Overall, the analysis of the movie illuminates the pivotal role of retribution in Yoruba's cultural identity and moral philosophy. The key themes in the study relate to retribution's links to cosmic balance, supernatural dimensions, and functions as deterrence and rehabilitation. By situating the analysis of Aníkúlápó within scholarship on African jurisprudence, the study elucidates Yoruba perspectives on fate, choice, proportionality, and pragmatism when responding to moral complexities and wrongdoing. This study contributes original humanistic insight into indigenous African philosophies of social harmony beyond punitive justice. This study recommends comparing diverse narratives and contemporary attitudes to enrich the understanding retribution's nuanced cultural significance. [ABSTRACT FROM AUTHOR]
- Published
- 2023
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16. "Mills of God": Two Ways of Envisaging Justice and Punishment in Greek Antiquity.
- Author
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Nie, Duluo
- Subjects
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JUSTICE , *GREEK antiquities , *ELEGIAC poetry , *PUNISHMENT , *SOUL , *GREEK literature , *AFTERLIFE - Abstract
This paper discusses two typical Greek traditions of envisaging punishments for wrongdoings: one is the religious idea of inherited responsibility, and the other is the invention and evolution of the notion of hell. The former idea, sometimes summarized by authorities such as Gustave Glotz, Eric Dodds, and Hugh Lloyd-Jones under the terms inherited guilt, ancestral fault, and responsabilité héréditaire, is one of the major themes running through the writings of authors of both the Archaic and Classical periods, and is found in genres such as elegy, historiography, oratory, and prominently tragedy. As a core idea of Greek literature, it suggests that the descendants of wrongdoers are punished not for their own sins but for those of their ancestors. With the exclusion of ideas of a punishing hell, an afterlife, and the transmigration of souls, the doctrine of inherited responsibility has its own necessity for sustaining belief in the efficacy of divine punishment, given the common human experience that evil generally escapes punishment. Solon is the first Greek author to make such a statement explicitly. The latter tradition has a much longer history, which runs from Homer to Plato. Nonetheless, the descriptions of hell from Homer onwards do not remain consistent and uniform. Its evolution with the gradual incorporation of religious ideas such as afterlife punishment and transmigration of souls witnesses the need for a much more self-sufficient interpretation of cosmic justice than the notion of inherited responsibility. One interesting fact about the two traditions is that both have coexisted in the same period of time in the testimony of contemporary authors and even in the same author, notably Herodotus and Plato. Nonetheless, "with the growing emancipation of the individual from the old family solidarity", the former idea has to give way to the latter. And in turn, the notion of inherited responsibility that gradually becomes unacceptable prompts the maturation of hell by the introduction of new elements from eschatological movements. This paper is divided into five parts. The first part serves as an introduction. The second part discusses the Homeric depiction of the Hades, which represents an early Greek understanding of the life of the dead. The third part is devoted to a detailed analysis of Solon's notion of inherited responsibility and the various factors that contribute to its final explicit articulation. The fourth part focuses on the Orphic ideas of afterlife trial and transmigration of souls and their introduction into what we may call Platonic hell culminant in antiquity, which aims to offer a more self-contained system of justice and punishment. The fifth part is a conclusion. [ABSTRACT FROM AUTHOR]
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- 2023
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17. The Role of Structure-Seeking in Moral Punishment.
- Author
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Stanley, Matthew L., Huang, Shenyang, Marsh, Elizabeth J., and Kay, Aaron C.
- Subjects
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PUNISHMENT (Psychology) , *PUNISHMENT , *MORAL judgment , *ETHICS , *RETRIBUTION - Abstract
Four studies (total N = 1586) test the notion that people are motivated to punish moral rule violators because punishment offers a way to obtain structure and order in the world. First, in a correlational study, increased need for structure was associated with the stronger endorsement punishment for moral rule violators. This relationship between need for structure and punishment was not driven by political conservatism. Three experimental studies then tested, and corroborated, our main causal hypotheses: that threats to structure increase punitive judgments for moral rule violators (i.e., a compensatory mechanism; Study 2) and that a lack of punishment for wrongdoing (relative to punishment for wrongdoing) makes the world seem less structured in the moment (Studies 3 and 4). We compare and contrast our structure-based account of moral punishment to other theories and findings across the punishment literature. [ABSTRACT FROM AUTHOR]
- Published
- 2023
- Full Text
- View/download PDF
18. "And if it doesn't work they deserve it anyway": more evidence that retributive concerns motivate "enhanced interrogation" torture.
- Author
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Hansen, Ian and Callaghan, Bennett
- Abstract
Ostensibly, the main purpose of any interrogation is to obtain the truth about what a detainee knows and does not know, yet punitive motives can influence interrogators' decisions on how to extract information from detainees. Three studies directly compared the degree to which punitive or informational priorities predicted decisions to use "Enhanced Interrogation Techniques" and other forms of torture on hypothetical detainees in a War on Terror scenario. Participants were, both within subjects and between subjects, more likely to support torture for detainees with a violent history but unlikely to be withholding potentially life-saving information than for detainees likely withholding such information but having a nonviolent history. In addition, multiple regression and mediation analyses suggested that punitive motives were stronger predictors of support for torture than informational motives. The results further bolster the existing evidence that punitive motives may decisively influence decisions about when to inflict torture. [ABSTRACT FROM AUTHOR]
- Published
- 2023
- Full Text
- View/download PDF
19. THE BIBLICAL UNDERWORLD ABOUT PURGATORY: SHEOL - A NEW APPROACH.
- Author
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TURALIJA, Dubravko
- Subjects
- *
RIGHTEOUSNESS , *SOUL , *THEOLOGY , *CHRISTIANITY , *GOD ,BIBLICAL theology - Abstract
»He punishes us; then he shows us mercy. He sends us down to the world of the dead, then he brings us up from the grave« (Tob 13:2). The Old and New Testament theology of Sheol (hereinafter šeᵓôl) follows the logical sequence of human life and death. Man enters šeᵓôl as he has built himself during his lifetime. In other words, in šeᵓôl the basic human determination and nature does not change. It cannot happen in šeᵓôl that a righteous person turns into a wicked and a wicked person becomes a righteous. However, the key characteristic of šeᵓôl is not the immutability of the basic position but the impossibility of expressing praise to God. This virtue characterizes the life of a righteous person who glorifies God with his righteousness. Therefore, the righteous man by his nature does not belong to that place because the one who praised and blessed God during his life cannot stop glorifying him even in šeᵓôl. The wicked man, however, who does not glorify God during his lifetime is suited to the postmortem environment of šeᵓôl in which God's name is not invoked. Thus we come to the conclusion that šeᵓôl belongs exclusively to sinners, or to those who do not praise God. The theology of šeᵓôl reached its peak in the teaching that šeᵓôl is not the eternal abode of the righteous. The righteous indeed descends to šeᵓôl but his soul does neither rot there nor does he become a part of the impersonal contents of šeᵓôl. Since it cannot remain in šeᵓôl, the justified soul after freeing itself from its habits that led it to sin during its life and having risen in holiness, rises to the heights and it is God himself who delivers it and who rewards it with a happy eternity. Therefore, for the dominant biblical theology it is not questionable that the righteous will see the face of God but what privileges one over the other is the time of stay in the place of the dead, i.e. šeᵓôl. The elaborate Christian theology calls that time of souls' stay in the place of the dead the purgatory. [ABSTRACT FROM AUTHOR]
- Published
- 2023
- Full Text
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20. The fall of Singapura: The necessity of unjust violence in the Sejarah Melayu.
- Author
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Tan, Zi Hao
- Subjects
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MALAYS (Asian people) , *VIOLENCE , *JUSTICE , *THEODICY , *RETRIBUTION , *SCAPEGOAT - Abstract
In the Sejarah Melayu or Malay Annals , the fall of Singapura is widely appraised as an act of divine retribution unleashed upon rulers who have committed injustice. Implicit in this theodicy is the promise of moral justice enshrined in the Bukit Siguntang covenant, which ensures mutual reciprocity between the rulers and the ruled. But a cautious approach to the narrative of Singapura's demise reveals how justice is suspended, rather than upheld, in service of power. Enabling this suspension of morality is the transformative capacity of violence. This article performs a close reading on three consecutive episodes of unjust violence inflicted on a foreigner, a child, and a concubine, respectively, prior to the sacking of Singapura by Majapahit. In scrutinising the symbolic significance of these victims as persecuted by injudicious rulers, this article posits that violence functions as a rhetorical trope in the retelling of a Malay history. As victims are made scapegoats, unjust violence brings about the fall of Singapura and, by the same token, necessitates the birth of Melaka. Violence impels the forward movement of a royal genealogy by permitting an uninterrupted sequence of reigns through a sequence of crises. [ABSTRACT FROM AUTHOR]
- Published
- 2023
- Full Text
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21. Building Construction Permit Service at the Investment and One-Stop Integrated Service Office of Minahasa Regency.
- Author
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Mandagi, Marthinus, Wawointana, Thelma, Tumewu, Lendyane, and Karouw, Jesica
- Subjects
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BUILDING design & construction , *INVESTMENT management , *RETRIBUTION , *RESEARCH methodology , *QUALITATIVE research - Abstract
The purpose of this study is to find out, analyze and describe how the Service Mechanism for Building Permits at the Investment Service and One-Stop Integrated Services in Minahasa Regency. The research method used is descriptive qualitative. with the results of research on the first indicator there are still many people who do not know the requirements that need to be input when registering. the second indicator is the location checking process is carried out to see whether the applicant's data matches the location or not and then there is a determination of retribution fees. third indicator the process and printing of Building Permit Decrees is still not effective in obtaining Building Permits. and on the fourth indicator the process of ratifying the SK IMB is often delayed because the officials and authorized officials are not in the office. Keywords, Services, Building Permits. [ABSTRACT FROM AUTHOR]
- Published
- 2023
- Full Text
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22. A TE IN CATULLUS POEM 50: A PUN.
- Author
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Trafford, Simon
- Subjects
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POETRY (Literary form) , *POETRY writing , *PUNISHMENT , *PUNS & punning - Abstract
In Catullus 50, after an enjoyable day writing poetry with Licinius Calvus, the poet warns his friend not to ignore him lest Nemesis punish him for it, ne poenas Nemesis reposcat a te ('lest Nemesis demand punishment from you'). It will be proposed in this article that, in keeping with neoteric ideals, Catullus is playing on the phrase a te to create a bilingual pun on the Greek word ἄτη 'delusion', 'mental blindness (often divinely sent)'. [ABSTRACT FROM AUTHOR]
- Published
- 2023
- Full Text
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23. تفسیر تطبیقی انتقام از د یدگاه علامه طباطبایی و سید قطب.
- Author
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علی احمد ناصح, غلامحسین اعرابی, and سید صدرالدین صدر
- Abstract
Retaliation is innately present in human beings and instinctively in some animals. Retaliation has various types including divine and non-divine retribution. In this paper, a comparative study of this topic has been conducted in the commentaries of al-Mīzān and Fī Ẓilāl al-Qurʾan and the common and different points between them have been extracted. This study has provided some conclusions that are as follows: 1) Both exegetes consider retaliation as part of divine customs and believe it to be divided into two categories, individual and social. 2) Social retaliation is considered part of the rights of society. 3) Forgiveness and pardon in instances of personal retaliation are good; however, it has been censured regarding social rights. 4) God takes retribution from guilty and sinful human beings when they have been reminded of divine signs and manifestations and proof has been completed over them. 5) Allamah Tabatabai considers qiṣāṣ (equal retribution) as a type of retaliation; however, Syed Qutb does not. 6) Neither of the two exegetes has indicated who the retaliator is when it has a social aspect and is among social rights. 7) Syed Qutb’s discussions regarding retaliation overlap and are sometimes inconsistent; whereas it is not so in the discussions of Allamah Tabatabai. [ABSTRACT FROM AUTHOR]
- Published
- 2023
- Full Text
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24. Agency and responsibility: The personal and the political.
- Author
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Jeppsson, Sofia
- Subjects
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RESPONSIBILITY , *PLACE (Philosophy) , *CRIMINAL law reform , *PUNISHMENT , *POOR people , *CRIME prevention , *RETRIBUTION , *SKEPTICISM - Abstract
In this paper, I review arguments according to which harsh criminal punishments and poverty are undeserved and therefore unjust. Such arguments come in different forms. First, one may argue that no one deserves to be poor or be punished, because there is no such thing as desert‐entailing moral responsibility. Second, one may argue that poor people in particular do not deserve to remain in poverty or to be punished if they commit crimes, because poor people suffer from psychological problems that undermine their agency and moral responsibility. Third, one may argue that poor and otherwise marginalized people frequently face external obstacles that prevent them from taking alternative courses of action. The first kind of argument has its place in the philosophy seminar. Psychological difficulties may be important to attend to both in personal relationships and when holding ourselves responsible. Nevertheless, I argue that neither type of argument belongs in political contexts. Moral responsibility scepticism ultimately rests on contested intuitions. Labelling certain groups of people particularly irrational, weak‐willed, or similar is belittling and disrespectful; such claims are also hard to prove, and may have the opposite effect to the intended one on people's attitudes. Arguments from external obstacles have none of these problems. Such arguments may not take us all the way to criminal justice reform, but in this context, we can supplement them with epistemic arguments and crime prevention arguments. [ABSTRACT FROM AUTHOR]
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- 2023
- Full Text
- View/download PDF
25. Desert Retributivism: A Deweyan Critique.
- Author
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Poama, Andrei
- Subjects
- *
PUNISHMENT , *RETRIBUTION , *DESERTS , *MORAL judgment , *MORAL attitudes , *LEX talionis , *LEGAL judgments - Abstract
In this article, I argue that Michael Moore's (1997), and other similar formulations of desert retributivism – viz., the theory that holds punishment to be justified because of the deserved suffering it imposes on guilty offenders – are epistemically problematic. The argument draws on John Dewey's inchoate critique of retribution, and on Dewey's more general contention that the justification of ethical judgments and principles proceeds ex post – viz., that it depends on the experiences elicited by acting on those judgments and principles. Based on Dewey's ex post take on justification, I more specifically argue that, given its commitment to moral naturalism and to coherentism, Moore's version of desert retributivism is epistemically unwarranted. This is because we have evidentially grounded reasons to think that many of the retributive judgments that underlie the principle of retributive justice are not clearly supported ex post in the relevant, desert retributivist sense. [ABSTRACT FROM AUTHOR]
- Published
- 2023
- Full Text
- View/download PDF
26. Motives of Online Hate Speech: Results from a Quota Sample Online Survey.
- Author
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Mohseni, M. Rohangis
- Subjects
- *
STATISTICS , *INTERNET , *MATHEMATICAL models , *SURVEYS , *VICTIM psychology , *THEORY , *CHI-squared test , *EMOTIONS , *SOCIAL skills , *AGGRESSION (Psychology) , *LOGISTIC regression analysis , *ODDS ratio , *DATA analysis , *SPEECH - Abstract
Online hate speech (OHS) is a prevalent societal problem, but most studies investigating the reasons and causes of OHS focus on the perpetrators' side while ignoring the bystanders' and the victims' side. This is also true for the underlying theories. Therefore, we proposed a new Action-Theoretical Model of Online Hate Speech (ATMOHS), which assumes that OHS is a product of environmental, situational, and personal variables with three groups involved (perpetrators, bystanders, and victims) that each have their own set of motives, attitudes, traits, and norm beliefs that are impacting their behavior. The model was put to a first test with an online survey using a quota sample of the German online population (N = 1,791). The study at hand is a first analysis of these data that focus on the motives of OHS. Results show that wanting to be a role model for others is an important motive on the active bystanders' side. However, it could not be confirmed that any aggression motive is important on the perpetrators' side or that undeservingness is an important motive on the victims' side. Future studies could investigate if there are other motives for the victims' side that are in-line with the underlying theory of learned helplessness, or if there is a better theory for modeling the victims' side. Future studies could also develop a better scale for aggression motives. In practice, prevention programs could focus on being a role model for others as a relevant motive for becoming an active bystander. [ABSTRACT FROM AUTHOR]
- Published
- 2023
- Full Text
- View/download PDF
27. OPTIMALISASI PENGELOLAAN RETRIBUSI OLEH BADAN PENDAPATAN DAERAH KABUPATEN TIMOR TENGAH SELATAN PERIODE 2022.
- Author
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P Silitonga, Bintang G. and Wulandari, Ika
- Subjects
- *
JUDGMENT sampling , *MARKETING management , *ACQUISITION of data , *DATA analysis , *QUALITATIVE research - Abstract
This study aims to examine the optimization of market retribution management by the South Central Timor District Regional Revenue Agency. The type of research used is qualitative research. The population of this study is the South Central Timor District Regional Revenue Agency with the sample being the selection of respondents based on certain criteria (purposive sampling). Data collection techniques were carried out using library methods and field methods. The data analysis method used is data condensation, data presentation and conclusion. The results of this study prove that the Regional Revenue Agency for South Central Timor Regency was successful in optimizing the management of fees in South Central Timor Regency due to the achievement of the target of receiving fees that had been set and the realization of fees in South Central Timor Regency which increased every year. [ABSTRACT FROM AUTHOR]
- Published
- 2023
- Full Text
- View/download PDF
28. Crime and Punishment: A Rethink.
- Author
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Arandjelović, Ognjen
- Subjects
- *
PUNISHMENT , *CORPORAL punishment , *JUSTICE , *RETRIBUTION , *PRISON administration , *CRIME , *CAPITAL punishment - Abstract
Incarceration remains the foremost form of sentence for serious crimes in Western democracies. At the same time, the management of prisons and of the prison population has become a major real-world challenge, with growing concerns about overcrowding, the offenders' well-being, and the failure of achieving the distal desideratum of reduced criminality, all of which have a moral dimension. In no small part motivated by these practical problems, the focus of the present article is on the ethical framework that we use in thinking about and administering criminal justice. I start with an analysis of imprisonment and its permissibility as a punitive tool of justice. In particular, I present a novel argument against punitive imprisonment, showing it to fall short in meeting two key criteria of just punishment, namely (i) that the appropriate individual is being punished, and (ii) that the punishment can be adequately moderated to reflect the seriousness of the crime. The principles I argue for and that the aforementioned analysis brings to the fore, rooted in the sentient experience, firstly of victims, and not only of victims but also of the offenders as well as the society at large, then lead me to elucidate the broader framework of jurisprudence that I then apply more widely. Hence, while rejecting punitive imprisonment, I use its identified shortcomings to argue for the reinstitution of forms of punishment that are, incongruently, presently not seen as permissible, such as corporal punishment and punishments dismissed on the basis of being seen as humiliating. I also present a novel view of capital punishment, which, in contradiction to its name, I reject for punitive aims, but which I argue is permissible on compassionate grounds. [ABSTRACT FROM AUTHOR]
- Published
- 2023
- Full Text
- View/download PDF
29. حكم المكرَه على القتل في الفقه الإمامي والحنفي والقانون العراقي.
- Author
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حسين خليل الوردي, حسين رجبي, and سيد رسول آقايي
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- *
EXPERT evidence , *CRIMINAL liability , *RETRIBUTION , *PUNISHMENT , *CRIME , *MURDER - Abstract
The Imami and Hanafi jurists diverge in the necessity of punishment for the crime of murder. The Imami jurists have two opinions on this issue, some of them required Retribution, It is the well-known opinion .Some of them denied him retribution and obliged him with financial compensation, It is an unpopular opinion. As for the Hanafi jurists, they have three opinions: Some of them did not require retribution from the compulsion, but obliged the Incitement by force to kill a person with retribution, some of them denied retribution for both the person whom compulsion to kill and the Incitement by force to kill and obliged the Incitement by force to kill with financial compensation, and some of them obliged the compulsion on retribution. In Iraqi law, there is one opinion, Lifting criminal liability from the compulsion. This research has mentioned the opinions, The researcher expressed his opinion with a statement of evidence for that. [ABSTRACT FROM AUTHOR]
- Published
- 2023
30. تحلیل مثلیّت در قرآن کریم با تکیه بر همنشینها و کنش گفتاری.
- Author
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الهه السادات میر, عباس مصالئی پور, and عاطفه زرسازان
- Subjects
- *
SPEECH , *ACTION theory (Psychology) , *PRAISE , *PROVERBS , *USURY , *HADITH , *RETRIBUTION , *SIMILARITY (Psychology) - Abstract
The word proverb and the plural of proverbs have been used 75 and 7 times in the Holy Quran, respectively, which is more in the sense of similarity. In the present study, which has been written in an analytical-descriptive method, an attempt has been made to analyze the meaning of the proverb using its accompanying words as well as speech action. One of the prominent cases of using the word proverb in the Holy Quran is its use in the verses of Tahadi, verse 275 of Ba qara (Enma al-Bay'ah like Al-Rabwa), verse 12 of Surah Talaq and verse 194 of Baqara. In the Holy Qur'an, the word "proverb" is mentioned in nominal proximity to words such as "sale", "usury" and "retribution", and in the present proximity to the verb "ati", "yatun", "fatwa basura" and "filiatwa hadith". According to Austin's theory of speech action and Searle's five classifications, speech action includes persuasive, obligatory, declarative, declarative, and emotional actions, both direct and indirect, as well as simple and complex. According to the research findings, in verse 194 of Surah AlBaqarah, there is an example of companionship and proximity to retribution, which is a sign of similarity in duties and responsibilities., Expresses similarity in numerical form, which is accompanied by expressive verbal action accompanied by praise and explanation. The verses of defiance define general similarity and similarity, that is, similarity in all aspects, which includes warning, rebuke, and explanation, and in a way, an obligatory-declarative action. Explains a type of emotional-persuasive action that is similar in commonalities. [ABSTRACT FROM AUTHOR]
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- 2023
- Full Text
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31. R. V. BISSONNETTE: LEGAL PRINCIPLE OR LEAP OF FAITH?
- Author
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SABZEVARI, AMINOLLAH
- Subjects
- *
PAROLE , *LIFE sentences , *RETRIBUTION , *CAPITAL punishment , *REHABILITATION - Abstract
The article discusses the Supreme Court of Canada's decision in the case of R. v. Bissonnette, which challenged a 50-year minimum parole ineligibility period for life imprisonment. It explores the concepts of rehabilitation, retribution, and their constitutional implications in criminal law, particularly in cases of severe crimes, and compares Canada's approach to that of other countries. It also raises questions about the death penalty and the constitutionalization of rehabilitation.
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- 2023
- Full Text
- View/download PDF
32. Retribution or Reconciliation? Post‐Conflict Attitudes toward Enemy Collaborators.
- Author
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Kao, Kristen and Revkin, Mara R.
- Subjects
- *
RETRIBUTION , *RECONCILIATION , *COLLABORATIONISTS (Traitors) , *ENEMIES , *TRANSITIONAL justice , *INTERNATIONAL relations - Abstract
Armed groups seeking to govern territory require the cooperation of many civilians, who are widely perceived as enemy collaborators after conflict ends. The empirical literature on attitudes toward transitional justice focuses heavily on fighters, overlooking more nuanced understandings of proportional justice for civilian collaborators. Through a survey experiment conducted in an Iraqi city that was controlled by the Islamic State, we find that variations in the type of collaboration an actor engages in strongly determine preferences for punishment and forgiveness. While exposure to violence is associated with a greater desire for revenge, perceived volition behind an act—a relatively unstudied factor—is much more important. This research provides unique empirical data on the microfoundations of enemy collaborator culpability. By widening our analytical lens to consider a more realistically broad spectrum of enemy collaboration, we avoid affirming a false dichotomy between victims and perpetrators that is commonly adopted in postwar settings. [ABSTRACT FROM AUTHOR]
- Published
- 2023
- Full Text
- View/download PDF
33. Retributivism, State Misconduct, and the Criminal Process.
- Author
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Zimran, Adiel and Dagan, Netanel
- Subjects
- *
RETRIBUTION , *CRIMINALS , *CRIME - Abstract
State agents' misconduct (SAM), such as the violations carried out by the police or prosecution, may harm an offender's rights during the criminal process in various ways. What, if anything, can retributivism, as an offense-focused theory that looks to the past, offer in response to SAM? The goal of this essay is to advance a retribution-based framework for responding to SAM within the criminal process. Two retribution-based arguments are provided. First, a retribution-based response to SAM aims to protect the legitimacy of the criminal process. Such an argument is based on how the crime and punishment connect to the moral standing of the state and that connection's meaning for the legitimacy of the trial (legitimacy-based argument). Second, a retribution-based response to SAM aims to consider the offender's side of the penal dialogue and promote a more accurate calibration of the penal suffering (compensation-based argument). Based on these arguments, the essay theorizes the legal response for SAM in US and non-US traditions through the retributive lens. The essay concludes with a call for expanding the multiple roles for retributive logic to include the actions of law-enforcement actors and addresses what that expansion means for the justice of the criminal process. [ABSTRACT FROM AUTHOR]
- Published
- 2023
- Full Text
- View/download PDF
34. Punishment and Public Reason: Reply to Hoskins.
- Author
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Flanders, Chad
- Subjects
- *
PUNISHMENT , *HARM reduction , *PUBLIC safety ,WESTERN countries - Abstract
In his paper "Public Reason and the Justification of Punishment," Zachary Hoskins develops and defends an idea of "public reason" that might be applicable to debates over punishment in the Western world. This short reply takes issue with some of Hoskins' conclusions (while agreeing with many of his premises), and suggests that contra Hoskins, many versions of retribution are not compatible with the ideal of public reason as Rawls articulated it. Instead, debates over criminal justice and punishment should properly revolve around the goods of public safety and harm reduction—rather than around any of the supposed metaphysical goods achieved by retributive punishment. [ABSTRACT FROM AUTHOR]
- Published
- 2023
- Full Text
- View/download PDF
35. Talking punishment: How victim perceptions of punishment change when they communicate with offenders.
- Author
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Batchelor, Diana
- Subjects
- *
RESTORATIVE justice , *PUNISHMENT , *CRIMINALS , *VICTIM offender relations , *CRIME victims - Abstract
Themyth that restorative justice is the opposite of retributive justice persists, despite a long history of rhetorical challenges. Only empirical evidence can advance the debate, so this article investigates the relationship between punishment and victim-offender communication from the victim's perspective. Interviews with 40 victims of crime established that some victims saw victim-offender communication and punishment as alternatives, and others saw them as independent. However, more than half the participants expected that communicating with the offenderwould increase their satisfactionwith the offender's punishment or reported afterwards that this was in fact the case, suggesting that some victims fulfil punishment objectives through communication with the offender. The changes occurred when victims received information about the offender's punishment, received feedback from the offender or used communication with the offender to impose a mild punishment of their own. Victims were not excessively punitive, but this study demonstrates the existence of an association between punishment and victim-offender communication from at least some victims' perspectives. This article argues that we should not ignore or attempt to eliminate this relationship. Rather, acknowledging and examining the existence of punishment within victim-offender communication would improve practice and generate better outcomes for victims, offenders and society. [ABSTRACT FROM AUTHOR]
- Published
- 2023
- Full Text
- View/download PDF
36. Exploring the Applied Heart of the Church: The Retributive vs. Restorative Justice Perspectives on Punishment and Incarceration.
- Author
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Jacob, Anupama, Asbill, Michelle, and Tauati, Amy
- Subjects
- *
CRIMINAL justice system , *RETRIBUTION , *MASS incarceration , *CHRISTIANS , *SOCIAL services - Abstract
Mass incarceration is one of the key societal issues facing the US today. While numerous factors have contributed to this problem, a major one is the punitive approach of our criminal justice system. This paper examines the underlying justifications for our criminal justice system’s emphasis on punishment using Christian and dominant cultural frameworks. The primary objectives of this paper are: (1) to compare and contrast the core tenets and values of two distinct philosophical approaches to punishment - retribution and restoration - both of which are active within the US criminal justice system; (2) to explore how these two approaches align with biblical values of justice, grace, mercy, and atonement; and (3) to discuss practical implications for how Christian social work educators, scholars, and practitioners can advocate for criminal justice reform based on clear Christian convictions. [ABSTRACT FROM AUTHOR]
- Published
- 2023
- Full Text
- View/download PDF
37. The Dogma of Opposing Welfare and Retribution.
- Author
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Dahan Katz, Leora
- Subjects
- *
RETRIBUTION , *PUNISHMENT , *PUBLIC welfare , *CONSEQUENTIALISM (Ethics) , *JUSTIFICATION (Ethics) , *MASS incarceration , *SUFFERING - Abstract
There is a common refrain in the literature on punishment that presumes the mutual exclusivity of defending retribution and adopting a humanistic or welfare-oriented outlook. The refrain, that if we want to be humane, or care about human welfare, we must abandon retributive punishment, anger, and resentment is readily repeated, endorsed, and relied upon. This article suggests that this opposition is false: retribution and welfare-orientation can not only be endorsed concomitantly, but are complimentary projects, and may even be grounded in the same normative basis, such that if we endorse one we are already committed to ideas that ground reason to care about the other. My primary target will be claims that aim to undermine retributivism by demonstrating the desirability of welfare-orientation. If both can live together, demonstrating the attractiveness of one goes nowhere toward displacing the other. Further, establishing this claim invites further inquiry into classic questions about the "barbaric," or "morally repugnant" credentials of retributivism. Confronting these claims will elucidate the consistency of adopting both retributive and welfare-oriented views, which, I suggest, can be jointly adopted and pursued. [ABSTRACT FROM AUTHOR]
- Published
- 2023
- Full Text
- View/download PDF
38. Anger and support for retribution in Mexico's drug war.
- Author
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García-Ponce, Omar, Young, Lauren E, and Zeitzoff, Thomas
- Subjects
- *
PUNISHMENT , *CRIME prevention , *RETRIBUTION , *ANGER , *POLITICAL psychology , *ATTITUDE change (Psychology) , *CRIME - Abstract
How does exposure to criminal violence shape attitudes towards justice and the rule of law? Citizens care about crime prevention and procedural legality, yet they also value punishing perpetrators for the harm they have done. We argue that anger induced by exposure to criminal violence increases the demand for retribution and harsh punishments, even at the expense of the rule of law. We test this theory using one observational and two experimental studies from an original survey of 1,200 individuals in Western Mexico, a region affected by organized criminal violence and vigilantism. First, we first show that exposure to violence is correlated with increased anger and support for punitive justice, including vigilante actions. Second, across our two experiments, we show that citizens are more supportive of harsh punishments and place less value on their legality in response to morally outrageous crimes. Third, we find that the innocence of the victim, rather than the severity of the crime, is what triggers outrage and punitiveness. This suggests that citizens may support extreme levels of violence as long as they perceive that its targets are criminals. Finally, we show that outrageous forms of violence against civilians can lead individuals to prioritize harsh punishment regardless of its legality. When criminal actors target perceived innocents with common crimes like extortion, there is greater support for harsh, vigilante action. These patterns provide a bottom-up explanation for harsh justice. [ABSTRACT FROM AUTHOR]
- Published
- 2023
- Full Text
- View/download PDF
39. Cheap print, crime and information in early modern London: The Life and Death of Griffin Flood.
- Author
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Jenner, Mark S. R. and Liapi, Lena
- Subjects
- *
RETRIBUTION , *FLOODS , *PAMPHLETS , *INFORMERS , *ARCHIVAL research , *CRIME , *HISTORIANS - Abstract
This article centres on the pamphlet The Life and Death of Griffin Flood informer (1623), which tells the career and execution through pressing of an informer and murderer working in early modern London. It outlines what archival research reveals about this figure, and thereby re-examines how far crime pamphlets were rooted in social actuality. Secondly, it shows that The Life and Death does not follow what historians have identified as the conventions of rogue literature and murder pamphlets, and that scholars' treatment of cheap print has often overlooked its generic instability and inconsistency of tone. Finally, it highlights how the representation of Flood's career as an informer casts new light on attitudes towards non-citizens within early modern London. The article concludes by arguing that The Life and Death (and many similar pamphlets) invoked communitarian understandings of justice, and emphasized neighbourliness, social peace, and charity, rather than the themes of redemption and divine retribution. [ABSTRACT FROM AUTHOR]
- Published
- 2023
- Full Text
- View/download PDF
40. Benjamin Ferencz and the Treatment of Victims in International Criminal Law: Mapping Out Lex Lata and Lex Ferenda (Ferencza?) in an Emerging Field.
- Author
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Gordon, Gregory S.
- Subjects
- *
INTERNATIONAL criminal law , *INTERNATIONAL criminal courts , *CRIMES against humanity , *RETRIBUTION , *LEGAL history , *HOLOCAUST survivors - Abstract
This piece examines a hitherto underexplored legal history chapter in international criminal law pioneer Benjamin Ferencz's career, and, based on that, offers fixes for problems in current atrocity victim law. Known primarily for his Nuremberg prosecutorial exploits, Ferencz actually spent most of his career innovatively seeking reparations for Holocaust survivors and then later, with the benefit of such experience, sought to ensure coverage of victims in the International Criminal Court's Rome Statute. After examining this history, the article maps Ferencz's trailblazing practices onto the atrocity victim lex lata. It then considers that law's deficits, including front-end and back-end problems (i.e., at the investigation and early release application phases), International Criminal Court retributive versus reparative mission dissonance, inadequate funding, hindrances to proactive victim participation and victim exclusion in prosecuting aggression. For each problem, Ferencz's history offers viable solutions, such as victim-oriented investigations, bifurcated retribution/restitution processes, bilateral treaty funding, transnational victim networking, and charging illegal use of force as crimes against humanity. As a result, perhaps such proposed modifications of the framework should not be called lex ferenda , but rather ' lex ferencza.' [ABSTRACT FROM AUTHOR]
- Published
- 2023
- Full Text
- View/download PDF
41. Cruelty against Leniency: The Case of Imperial Zoroastrian Criminal Law.
- Author
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Jany, Janos
- Subjects
- *
SASSANID dynasty, Iran, 224-651 , *CRIMINAL law , *PUNISHMENT , *CRUELTY , *CRIMINAL procedure , *POWER (Social sciences) , *IDEOLOGY , *JURISPRUDENCE , *RETRIBUTION - Abstract
The article examines the impact of Zoroastrianism on criminal law and legal theory during the reign of the Sasanian dynasty (224–651 C.E) in late Antique Persia. This was the historic period when Zoroastrianism was also the ideology of the Iranian state, which granted the Zoroastrian church extraordinary power and influence, a unique situation which is termed by the author as 'imperial Zoroastrianism'. The first part of the paper examines how imperial Zoroastrianism evolved from previous understanding of religion and law. The second part of the paper scrutinises the Zoroastrian understanding of wrong in the light of eschatology and cosmology, and the ethical principles that follow from this very particular world view. Next, an individual section is devoted to the criminal theory of Zoroastrianism, which regards criminal punishment not as a punishment but as a means to save the soul of the offender from sufferings in Hell. With such an underlying principle in mind, the text looks for examples of cruelty and leniency in substantive criminal law and criminal procedure. This main body of the article examines contemporary legal sources and apocalyptic works. Finally, a comparison of Hindu and Islamic criminal legal theory follows the description of the Zoroastrian criminal law, highlighting astonishing similarities. Considering the results of both the analytic and the comparative methods, the author comes to the conclusion that it is not religion in itself that suppresses crimes, but rather their eschatology and cosmology: religions that are based on divine justice are less lenient toward crimes and offenders than religions in which alternative concepts like divine grace or non-violence are also operative. [ABSTRACT FROM AUTHOR]
- Published
- 2023
- Full Text
- View/download PDF
42. The Legacy of Blood Atonement? Gauging Mormon Support for the Death Penalty.
- Author
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Bartkowski, John P., Kohler, Janelle, and Hoffmann, John P.
- Subjects
- *
CAPITAL punishment , *TIME series analysis , *MURDER , *ATTITUDE change (Psychology) , *ATONEMENT , *MORMONS , *GRASSROOTS movements , *PUNISHMENT - Abstract
American support for the death penalty has declined over time, but conservative religious groups have exhibited more favorable attitudes toward this practice than their mainline religious and secular peers. Scholars have generally overlooked Latter-day Saint (LDS, Mormon) support for capital punishment. However, this faith tradition is a case worthy of careful examination. Historically, LDS leadership was supportive of the death penalty, which was congruent with their teachings on blood atonement, i.e., theological rationales for capital punishment as a just response to murder. However, Mormon leaders have more recently adopted a neutral position toward the death penalty. To what degree might changing social attitudes and flagging LDS leader endorsements of the death penalty have contributed to diminished grassroots Mormon support for capital punishment? This study uses data from the General Social Survey to test three hypotheses: (1) those with an LDS affiliation will exhibit greater support for the death penalty when compared with their non-Mormon peers, including other religious conservatives; (2) LDS support for the death penalty will diminish over time; and (3) LDS support for capital punishment will be bolstered by frequent Mormon worship service attendance. Using cross-tabulations, logistic regression, and time series analyses, the results indicate support for all three hypotheses. Implications and directions for future research are discussed. [ABSTRACT FROM AUTHOR]
- Published
- 2023
- Full Text
- View/download PDF
43. Is God's Moral Perfection Reducible to His Love?
- Author
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Craig, William Lane
- Subjects
- *
PERFECTION , *RETRIBUTION , *JUSTICE , *GOD , *PUNISHMENT , *LOVE of God , *RIGHTEOUSNESS - Abstract
Defenders of the identity thesis maintain that God's moral perfection is reducible to and identical to His love. Unfortunately, this thesis overlooks the fact that, biblically, God's righteousness comprises both His love and justice. Moreover, divine justice is, in some significant measure, retributive in nature. This is especially evident in God's eschatological punishment of the wicked, which can be justified only on retributive grounds. Such a retributive punishment cannot be attributed to love but is the just desert of the wicked. [ABSTRACT FROM AUTHOR]
- Published
- 2023
- Full Text
- View/download PDF
44. Feeling Revengeful.
- Author
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Cherry, Myisha
- Subjects
- *
REVENGE , *EMOTIONAL state , *EMOTIONS , *ANGER - Abstract
I provide an account of feeling revengeful and I do so while rejecting three revenge myths: (a) feeling revengeful means feeling anger, (b) feeling anger means feeling revengeful, and (c) succeeding at revenge means achieving something negative like putting others down. My aim is to articulate the complex dimensions of feeling revengeful which will also disprove the above views. I also make a case for precision in the ways we describe our emotional and affective states and trouble the tendency to necessarily link anger to revenge, anger's action tendency to vengeance, and view angry people as "the avengers". [ABSTRACT FROM AUTHOR]
- Published
- 2023
- Full Text
- View/download PDF
45. Exodus 20:5 in light of the teaching on retribution in the neo-Pentecostal churches in Nigeria.
- Author
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Ademiluka, Solomon O.
- Subjects
- *
BIBLICAL criticism , *RETRIBUTION , *SOCIAL responsibility of business , *EXILE (Punishment) - Abstract
The idea of God punishing children for the sins of their parents in Exodus 20:5 sounds contrary to divine justice as represented in the Old Testament (OT). However, despite the apparent contradiction, strands of Christianity have continued to hold the view of retribution in Exodus. In Nigeria, it is reflected in the teaching on breaking generational curses in the neo-Pentecostal churches. This article has critically examined Exodus 20:5 as a basis for this doctrine, employing the historical-critical and descriptive methods. Contrary to the claim by some scholars that the doctrine of collective responsibility in Exodus 20:5 contradicts individual retribution that is found in Ezekiel and Jeremiah, this article found that these prophets express collective responsibility when they attribute the exile to the sins of the ancestors. Moreover, the belief in corporate responsibility continued to be held among the Jews after the exile. The teaching on generational curses in Nigeria is partly a reflection of the continuing influence of Exodus 20:5. This article concluded, however, that deducing the doctrine of generational curses from the Exodus text fails to take cognisance of the folkloristic character of Exodus. Given this character, the words visiting the iniquity of parents upon the children are those of the narrator, and not of God. Contribution: Contributing to the scholarly discourse on the notion of inherited punishment in Exodus 20:5, this article postulates that it is hermeneutically incorrect to base the belief in generational curses on this text. [ABSTRACT FROM AUTHOR]
- Published
- 2023
- Full Text
- View/download PDF
46. Punishment and Desert.
- Author
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Caruso, Gregg D.
- Subjects
- *
FREE will & determinism , *PUNISHMENT , *RETRIBUTION , *DESERTS , *RESPONSIBILITY , *AUTONOMY (Philosophy) , *LEGAL justification - Abstract
This paper explores the relationship between punishment and desert and offers two distinct sets of reasons for rejecting the retributive justification of legal punishment — one theoretical and one practical. The first attacks the philosophical foundations of retributivism and argues that it’s unclear that agents have the kind of free will and moral responsibility needed to justify it. I present stronger and weaker versions of this objection and conclude that retributive legal punishment is unjustified and the harms it causes are prima facie seriously wrong. The second objection maintains that even if one were to assume that wrongdoers are deserving of retributive punishment, contra concerns over free will, we should still abandon retributivism since there remain insurmountable practical difficulties that make it impossible to accurately and proportionally distribute legal punishment in accordance with desert. In particular, I present the Misalignment Argument and Poor Epistemic Position Argumentand argue that, taken together, they create a powerful new challenge to retributivism called the Retributivist Tracking Dilemma. [ABSTRACT FROM AUTHOR]
- Published
- 2022
47. Overpunishment and the punishment of the innocent.
- Author
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Smilansky, Saul
- Subjects
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PUNISHMENT (Psychology) , *PUNISHMENT , *CRIMINAL behavior , *FREE will & determinism , *RETRIBUTION , *CRIMINAL justice system , *CRIMINAL procedure - Abstract
I explore the predicament, focusing on punishment through incarceration; and conclude that, for strong and diverse moral reasons, while both the punishment of the innocent and the overpunishment of the guilty are morally wrong, they are not morally equivalent. Although the guilty that are being overpunished are innocent of the additional undeserved punishment, and this is something that matters a great deal, morally, their overpunishment should not be equated with the punishment of the innocent. On the assumption that punishing the guilty can be justified, the guilty do deserve I some i punishment, but what is just punishment and what is overpunishment may not typically be clear. Thus, even if the typical offender is a victim of overpunishment in I this i case, he may morally deserve the incremental punishment for previous offenses he was never caught at or convicted of. [Extracted from the article]
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- 2022
- Full Text
- View/download PDF
48. Concepto y justificación en una teoría integral de la pena.
- Author
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Montero, Federico
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- 2022
- Full Text
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49. In Defense of Dignitary Safety: A Phenomenological Study of Student Resistance to Hate Speech on Campus.
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Stokes, Sy and Davis, Charles H. F.
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HATE speech , *PRAXIS (Process) , *EDUCATION policy , *FREEDOM of speech , *POWER (Social sciences) , *DIGNITY , *RETRIBUTION , *HATE - Abstract
Frequent incidents of racist hate speech on college and university campuses continue to instigate an ideological battleground between legal purists, anti-racist scholars, and those otherwise situated somewhere therein. We find that arguments from legal purists are predicated upon a false-equivalency between racist and anti-racist speech where the effect, value, and embedded power dynamics of the former are often disregarded. We engage in a phenomenological analysis of a four-year, private institution – Clearview College (CVC)—where a controversial speaker was invited to campus by a conservative student organization. We specifically interrogate how the seemingly race-neutral free speech policies at CVC, which were informed by the "Chicago Principles," were racially structured in impact. We utilize a conceptual framework that demarcates intellectual safety and dignitary safety as a foundational point of departure to analyze the responses from 20 undergraduate students. The responses from focus groups revealed two primary themes: (1) racist hate speech as a threat to dignitary safety, and (2) institutional retribution against students defending their dignitary safety. Implications for higher education policy and praxis are provided. [ABSTRACT FROM AUTHOR]
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- 2022
- Full Text
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50. Dil Se and Gulaab Gang — "Me-Too" by the Women at the Margins.
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Banerjee, Sarbani
- Subjects
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GANGS , *SUICIDE , *CASTE , *RETRIBUTION , *VIOLENCE - Abstract
Through a reading of Gulaab Gang and Dil Se, the paper examines how underrepresentedwomen from the margins of the post-independent Indian society understand genderedviolence and intercept the mainstream political and nationalistic events. The two filmsrevolve around females that occupy marginal positions in ethnic, caste, and ideologicalterms. They are juxtaposed for understanding how they differently consider the questions 35of bodily love and violence, agency of the oppressed female body or its lack thereof, andthe position of the female antagonist in a counter-authoritarian space. The study looksinto the ideas of death desire and retribution through suicide and killings and the ways inwhich they shape "me-too" responses for women in both the films. [ABSTRACT FROM AUTHOR]
- Published
- 2022
- Full Text
- View/download PDF
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