Full text
Baron. Excuses, Excuses
2007, Criminal Law and Philosophy 1 (1):21-39
Expand entry
Added by: Simon Fokt, Contributed by: Joe Slater
Abstract: 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.'

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.

Export citation in BibTeX format
Export text citation
View this text on PhilPapers
Export citation in Reference Manager format
Export citation in EndNote format
Export citation in Zotero format
Share on Facebook Share on LinkedIn Share by Email
Full text Read free
Hsin-wen, Lee. Does the death penalty only deter ‘rational’ people?
2018, Delaware State News
Expand entry
Added by: Clotilde Torregrossa, Contributed by: Hsin-Wen Lee
Abstract: 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.

Share on Facebook Share on LinkedIn Share by Email
Full text Read free
Hsin-wen, Lee. Taking Deterrence Seriously: The Wide-Scope Deterrence Theory of Punishment
2017, Criminal Justice Ethics 36 (1):2-24.
Expand entry
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.

Export citation in BibTeX format
Export text citation
View this text on PhilPapers
Export citation in Reference Manager format
Export citation in EndNote format
Export citation in Zotero format
Share on Facebook Share on LinkedIn Share by Email
Can’t find it?
Contribute the texts you think should be here and we’ll add them soon!