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 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.
Wong, David, Hourdequin, Marion. Hiding the World in the World: A Case for Cosmopolitanism Based in the Zhuangzi
2019, In Ames, Roger T. and Hershock, Peter (eds.), Philosophies of Place: An Intercultural Conversation (Honolulu, HI: University of Hawaii Press): 15–33
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, Contributed by: Tammo LossauAbstract:
As a species, we have long been both settled and mobile, with some of us rooted in place and others more migratory. Mobility is not a new feature of human life; however, contemporary forms of mobility diminish geographical, cultural, and ecological rootedness and bring together people with many diverse ways of life. This cultural interchange offers both challenges and opportunities: challenges as people encounter unfamiliar contexts and navigate values and perspectives that differ radically from their own; and opportunities as new perspectives can generate new insights and possibilities for living well together. Along with this cultural exchange, there are significant pressures to reach common moral understanding on issues such as climate change, migration, humanitarian intervention, and responses to poverty. Global discourse is no longer governed exclusively by international political realism, and moral reasons are frequently invoked in international debates. In light of these contexts, many believe that we should view the world as a single moral community—we should be cosmopolitans—but precisely what this entails remains subject to debate. Do the Confucian Analects and the early Daoist text, the Zhuangzi, offer resources relevant to the contexts just described and to understanding what forms contemporary cosmopolitanism might take? The first, theoretical/textual portion of this chapter answers affirmatively, showing how insights can be gleaned from both traditions and how these insights complement one another. The Analects illustrates the importance of certain forms of rootedness and con nection for moral personhood, suggesting that cosmopolitanism needs to make space for sustained relations and take seriously the significance of culture. On the other hand, the Zhuangzi cautions against fixating too strongly on a single outlook and casts doubt on claims of a single, uniquely correct moral point of view. The second part of the chapter considers the relevance of these perspec tives for contemporary debates over cosmopolitanism and human rights. There we critique approaches that place too much weight on a universal moral minimum and show how both Confucian and Zhuangian insights may inform a genuinely multicultural cosmopolitanism.Comment: Good elaboration on the political implications of teh Zhuangzi. This text can be placed alongside Confucian writings on politics and ethics, to bring out the rivaling Daoist view. It could also be used in a course that covers muticulturalism as an idea.
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