Baron. Excuses, Excuses
2007 2007, Criminal Law and Philosophy 1 (1):21-39
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Added by: Simon Fokt, Contributed by: Joe SlaterAbstract: Justifications and excuses are defenses that exculpate. They are therefore much more like each other than like such defenses as diplomatic immunity, which does not exculpate. But they exculpate in different ways, and it has proven difficult to agree on just what that difference consists in. In this paper I take a step back from justification and excuse as concepts in criminal law, and look at the concepts as they arise in everyday life. To keep the task manageable, I focus primarily on excuses and excusing activities, distinguishing them from justifications as well as from other close relatives, in particular, forgiving and pardoning. I draw upon J.L. Austin-s classic 'A Plea for Excuses,' but expand on his account, suggesting that we offer excuses for reasons besides those he mentions. My hope is that my examination of excuses and excusing activities will help us rethink our views on just how justifications and excuses differ, views which often are worked out without much attention to how these concepts function in everyday life and to the connection between offers of excuses and justifications and the ‘'rules of civility.'
Dickie, Bonnie. Hollow Water
2000 2000, NFB. 48 min. Canada.
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Added by: Sonja Dobroski and Quentin PharrAbstract: This documentary profiles the tiny Ojibway community of Hollow Water on the shores of Lake Winnipeg as they deal with an epidemic of sexual abuse in their midst. The offenders have left a legacy of denial and pain, addiction and suicide. The Manitoba justice system was unsuccessful in ending the cycle of abuse, so the community of Hollow Water took matters into their own hands. The offenders were brought home to face justice in a community healing and sentencing circle. Based on traditional practices, this unique model of justice reunites families and heals both victims and offenders. The film is a powerful tribute to one community's ability to heal and create change.
Comment: available in this Blueprint
Hsin-wen, Lee. Does the death penalty only deter ‘rational’ people?
2018 2018, Delaware State News
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Added by: Clotilde Torregrossa, Contributed by: Hsin-Wen LeeAbstract: I argue that the death penalty has only limited deterrent effect. It cannot deter three types of offenders: (1) those who do not fear death; (2) those who are not rational and cannot take into consideration the consequences of their actions; (3) those who are confident that they won't be caught. Thus, in order to deter potential murderers, we must consider new ways to deter these three types of offenders.
Comment: The article is written for for a general audience. It considers the deterrence argument in favor of the death penalty. It should be useful for GE courses that cover the topic of the death penalty.
Hsin-wen, Lee. Taking Deterrence Seriously: The Wide-Scope Deterrence Theory of Punishment
2017 2017, Criminal Justice Ethics 36 (1):2-24.
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Added by: Clotilde Torregrossa, Contributed by: Hsin-Wen LeeAbstract: A deterrence theory of punishment holds that the institution of criminal punishment is morally justified because it serves to deter crime. Because the fear of external sanction is an important incentive in crime deterrence, the deterrence theory is often associated with the idea of severe, disproportionate punishment. An objection to this theory holds that hope of escape renders even the severest punishment inapt and irrelevant.This article revisits the concept of deterrence and defend a more plausible deterrence theory of punishment - the wide-scope deterrence theory. The wide-scope theory holds that we must make the best use of all the deterrence tools available, including both external and internal sanctions. Drawing on insights from the early Confucian tradition, the article develops a deep deterrence theory, which holds that the most important deterrence tool involves internal, not external, sanction. It describes how internal sanctions deter potential offenses and why relevant policies need not conflict with liberalism's respect for neutrality.
Comment: This text can be used in courses such as Philosophy of Law and/or Social and Political Philosophy.
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Comment: Baron explains the typical distinction between justifications and excuses. Her examination of these concepts draws upon Austin's 'A Plea for Excuses', and use of the everyday concept, she presses for a rethink of how philosophers and legal theorists think about excuses.