Hsin-wen, Lee. Taking Deterrence Seriously: The Wide-Scope Deterrence Theory of Punishment
2017, Criminal Justice Ethics 36 (1):2-24.
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Added by: Clotilde Torregrossa, Contributed by: Hsin-Wen Lee
Abstract: 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.Jaggar, Alison. Reasoning About Well-Being: Nussbaum’s Methods of Justifying the Capabilities.2006, Journal of Political Philosophy 14(3): 301-322.-
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Added by: Carl Fox
Content: Discusses Nussbaum's methodology and the question of whether she covertly relies on assumptions about her own moral authority.Comment : Most useful as further reading on political liberalism or the capability approach.Kelly, Erin, McPherson, Lionel. On tolerating the unreasonable2001, Journal of Political Philosophy 9(1): 38–55.-
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Added by: Simon Fokt
Diversifying Syllabi: Justice requires us to acknowledge the claims of morally or philosophically unreasonable persons, as long as they are politically reasonable; such people must be tolerated and considered part of the social contract. Toleration as wide public justification is the proper response to the pluralism characteristic of modern democratic societies.Comment : This text is useful as a commentary or response to the debate about (un)reasonableness and legitimacy sparked by Rawls. More specifically, it offers a distinction between political and philosophical reasonableness, which the authors use to argue against interpreting or developing Rawls's political liberalism in a less tolerant direction. The section on Barbara Herman's 'Pluralism and the Community of Moral Judgment' helpfully distils a major faultline within liberal political philosophy.Lai, Ten-Herng. Civil Disobedience, Costly Signals, and Leveraging Injustice2021, Ergo 7(40): 1083-1108-
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Added by: Simon Fokt, Contributed by: AnonymousAbstract:
Civil disobedience, despite its illegal nature, can sometimes be justified vis-à-vis the duty to obey the law, and, arguably, is thereby not liable to legal punishment. However, adhering to the demands of justice and refraining from punishing justified civil disobedience may lead to a highly problematic theoretical consequence: the debilitation of civil disobedience. This is because, according to the novel analysis I propose, civil disobedience primarily functions as a costly social signal. It is effective by being reliable, reliable by being costly, and costly primarily by being punished. My analysis will highlight a distinctive feature of civil disobedience: civil disobedients leverage the punitive injustice they suffer to amplify their communicative force. This will lead to two paradoxical implications. First, the instability of the moral status of both civil disobedience and its punishment to the extent where the state may be left with no permissible course of action with regard to punishing civil disobedience. Second, by refraining from punishing justified civil disobedience, the state may render uncivil disobedience—illegal political activities that fall short of the standards of civil disobedience—potentially permissible.Comment : Talks about civil disobedience, especially on how its punishment can be problematic.Lai, Ten-Herng. Objectionable Commemorations, Historical Value, and Repudiatory Honouring, Australasian Journal of Philosophy-
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Added by: Ten-Herng LaiAbstract:
Many have argued that certain statues or monuments are objectionable, and thus ought to be removed. Even if their arguments are compelling, a major obstacle is the apparent historical value of those commemorations. Preservation in some form seems to be the best way to respect the value of commemorations as connections to the past or opportunities to learn important historical lessons. Against this, I argue that we have exaggerated the historical value of objectionable commemorations. Sometimes commemorations connect to biased or distorted versions of history, if not mere myths. We can also learn historical lessons through what I call repudiatory honouring: the honouring of certain victims or resistors that can only make sense if the oppressor(s) or target(s) of resistance are deemed unjust, where no part of the original objectionable commemorations is preserved. This type of commemorative practice can even help to overcome some of the obstacles objectionable commemorations pose against properly connecting to the past.Comment (from this Blueprint): Many scholars in this debate have been too charitable to racists, colonialists, oppressors, and their sympathisers. While admirable, I think it is important to expose the flaws of preservationism: there is simply not much value in preservation.McTernan, Emily. How to Make Citizens Behave: Social Psychology, Liberal Virtues, and Social Norms2014, Journal of Political Philosophy 22(1): 84-104.-
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Added by: Carl Fox
Abstract: It is widely conceded by liberals that institutions alone are insufficient to ensure that citizens behave in the ways required for a liberal state to flourish, be stable, or function at all. A popular solution proposes cultivating virtues in order to secure the desired behaviours of citizens, where institutions alone would not suffice. A range of virtues are proposed to fill a variety of purported gaps in the liberal political order. Some appeal to virtues in order to secure state stability; Rawls, for instance, claims that ‘citizens must have a sense of justice and the political virtues that support political and social institutions’ in order to ensure an ‘enduring society’. For Galston, citizens must possess a range of virtues in order for the state to function, including the virtues of courage, independence, tolerance, willingness to engage in public discourse, and law-abidingness.Comment : Challenges the relevance of debates about virtue for liberals concerned with stability and argues that they would be better advised to look to social norms for assistance. Raises some interesting questions for proponents of liberalism and does a nice job of envisioning the instrumental potential of social norms for political theorists. Very useful further reading for anyone interested in (or writing on) either stability or social norms.Mendus, Susan. Politics and Morality2009, Polity.-
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Added by: Clotilde Torregrossa, Contributed by: Simon Fokt
Publisher's Note: Public disenchantment with politics has become a key feature of the world in which we live. Politicians are increasingly viewed with suspicion and distrust, and electoral turnout in many modern democracies continues to fall. But are we right to display such contempt towards our elected representatives? Can politicians be morally good or is politics destined to involve dirty hands or the loss of integrity, as many modern philosophers claim? In this book, Susan Mendus seeks to address these important questions to assess whether this apparent tension between morality and politics is real and, if so, why. Beginning with an account of integrity as involving a willingness to stand by ones most fundamental moral commitments, the author discusses three reasons for thinking that politics undermines integrity and is incompatible with morality. These are: the relationship between politics and utilitarian calculation; the possibility that the realm of politics is a separate realm of value; and the difficulty of reconciling the demands of different social roles. She concludes that, in the modern world, we all risk losing our integrity. To that extent, we are all politicians. Moreover, we have reason to be glad that politicians are not always morally good. Written with verve and clarity, this book provides students and general readers an accessible guide to the philosophical debates about the complex relationship between politics and morality in the contemporary world.Olberding, Amy. Looking Philosophical: Stuff, Stereotypes, and Self‐Presentation2015, Hypatia 30 (4):692-707-
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Added by: Deryn Mair ThomasAbstract:
Self‐presentation is a complex phenomenon through which individuals present themselves in performance of social roles. The success of such performances rests not just on how well a performer fulfills expectations regarding the role she would play, but on whether observers find her convincing. I focus on how self‐presentation entails making use of material environment and objects: One may “dress for the part” and employ props that suit a desired role. However, regardless of dress or props, one can nonetheless fail to “look the part” owing to expectations informed by biases patterned along commonplace social stereotypes. Using the social role of philosopher as my example, I analyze how the stereotype attached to this role carries implications for how demographically under‐represented philosophers may self‐present, specifically with regard to dress and decoration. I look, in particular, to the alienation from one's material environment that may follow on the frustration of self‐presentation through bias. One pernicious effect of bias, I argue, is the power it has to deform and distort its target's relation to her physical setting and objects. Where comfort and ease in one's material environment can be a significant ethico‐aesthetic good, bias can inhibit access to, and enjoyment of, this good.
Comment : In this essay, Olberding explores the ways in which a person's material and aesthetic identity will shape their experience of themselves as well as others' perception of their identity. Further, she applies this ethico-aesthetic analysis to the case of the stereotypical aesthetic norms of the philosopher and the broader community of academic philosophy. In particular, she is interested in investigating (and in some ways, challenging) standard philosophical aesthetic norms, and the way these intersect with marginalisation and bias towards members of the philosophical community who do not fit the traditional image of the old, white bearded man philosopher. Olberding's discussion bears obvious relevance to topic areas such as philosophy of aesthetics and themes in feminist philosophy, but her arguments also apply more broadly to questions about self-identity, human relationship to the material, and economic/political/social justice. Since personal aesthetic choices are always influenced by a broad range of factors beyond simply personal preference - such as socio-economic access, ethnic and social culture, political affiliation, etc. - the text would have a wide range of interesting applications in social and political philosophy beyond the subject matter it directly addresses.Olsaretti, Serena. Freedom, Force and Choice: Against the Rights-Based Definition of Voluntariness1998, Journal of Political Philosophy 6(1): 53-78.-
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Added by: Carl Fox
Introduction: This paper argues that a moralised definition of voluntariness, alongside the more familiar moralised definition of freedom, underlies libertarian justifications of the unbridled market. Through an analysis of Nozick's account of voluntary choice, I intend to reveal some fatal mistakes, and to put forward some suggestions regarding what a satisfactory account of voluntary choice requires.Comment : Offers a number of influential criticisms of Nozickian libertarianism and goes on to lay out the basis for Olsaretti's own influential account of voluntariness. Would make a good required reading or further reading.Olsaretti, Serena. The Concept of Voluntariness – A Reply2008, Journal of Political Philosophy 16(1): 165-188.-
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Added by: Carl Fox
Abstract: In his paper on 'The Concept of Voluntariness', Ben Colburn helpfully takes up the task of developing my view about the sense of voluntariness that is relevant for judgments of substantive responsibility, or judgments about individuals' liability to pick up some costs of their choices. On my view, a necessary condition for holding people responsible for their choices is that those choices be voluntary in the sense that they are not made because there is no acceptable alternative, where the standard for the acceptability of options is an objective standard of well-being. [...] Colburn's first point is entirely well-taken. By way of endorsing it, I ask whether we are justified in taking some but not all kinds of beliefs to affect the voluntariness of choice, as his elaboration of my view suggests. However, I find Colburn's second point less convincing, and argue that we should allow for the moral character of options to affect the voluntariness of choice.Comment : Short debate article responding to some criticisms of Olsaretti's account of voluntariness made by Ben Colburn and probably best read in conjunction with Colburn's article. Does a good job of responding to the criticisms and explaining her account. Good further reading for teaching about voluntariness and autonomy.Can’t find it?Contribute the texts you think should be here and we’ll add them soon!
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