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Added by: Björn Freter, Contributed by: Annette Zimmermann
Abstract: Disagreement persists about when, if at all, disenfranchisement is a fitting response to criminal wrongdoing of type X. Positive retributivists endorse a permissive view of fittingness: on this view, disenfranchising a remarkably wide range of morally serious criminal wrongdoers is justified. But defining fittingness in the context of criminal disenfranchisement in such broad terms is implausible, since many crimes sanctioned via disenfranchisement have little to do with democratic participation in the first place: the link between the nature of a criminal act X (the ‘desert basis’) and a fitting sanction Y is insufficiently direct in such cases. I define a new, much narrower account of the kind of criminal wrongdoing which is a more plausible desert basis for disenfranchisement: ‘political wrongdoing’, such as electioneering, corruption, or conspiracy with foreign powers. I conclude that widespread blanket and post-incarceration disenfranchisement policies are overinclusive, because they disenfranchise persons guilty of serious, but non-political, criminal wrongdoing. While such overinclusiveness is objectionable in any context, it is particularly objectionable in circumstances in which it has additional large-scale collateral consequences, for instance by perpetuating existing structures of racial injustice. At the same time, current policies are underinclusive, thus hindering the aim of holding political wrongdoers accountable.
Comment: This paper critically assesses existing arguments in the philosophy of criminal law on the permissibility of criminal disenfranchisement; develops a novel negative retributivist argument; argues that current criminal disenfranchisement are much too overinclusive, but also underinclusive.Zuckert, Rachel. Kant on Beauty and Biology: An Interpretation of the ‘Critique of Judgment’2007, Cambridge University Press.-
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Added by: Clotilde Torregrossa, Contributed by: Jonas Jervell IndregardPublisher's Note: Kant's Critique of Judgment has often been interpreted by scholars as comprising separate treatments of three uneasily connected topics: beauty, biology, and empirical knowledge. Rachel Zuckert's book interprets the Critique as a unified argument concerning all three domains. She argues that on Kant's view, human beings demonstrate a distinctive cognitive ability in appreciating beauty and understanding organic life: an ability to anticipate a whole that we do not completely understand according to preconceived categories. This ability is necessary, moreover, for human beings to gain knowledge of nature in its empirical character as it is, not as we might assume it to be. Her wide-ranging and original study will be valuable for readers in all areas of Kant's philosophy.Comment: Perfect for a course on Kant's Third Critique. Covers both of the main parts of that work, namely the critique of aesthetic judgment and the critique of teleological judgment.Zutlevics, T. L.. Markets and the needy: Organ sales or aid?2001,
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Added by: Clotilde Torregrossa, Contributed by: Simon FoktAbstract: As organ shortages have become more accute, support for a market in organs has steadily increased. Whilst many have argued for such a market, it is Gerald Dworkin who most persuasively defends its ethics. As Dworkin points out, there are two possibilities here - a futures market and a current market. I follow Dworkin in focusing on a current market in the sale of organs from living donors, as this is generally considered to be the most difficult to justify. One of the most pressing concerns here is that such a market will exploit the poor. I outline this concern and scrutinise Dworkin's and others' rejection of it. Briefly, I argue that the arguments Dworkin employs for allowing the poor to sell their organs fail, and in fact better support an argument for increasing aid to the needy.Comment:Can’t find it?Contribute the texts you think should be here and we’ll add them soon!
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Zimmermann, Annette. Criminal Disenfranchisement and the Concept of Political Wrongdoing
2019, Philosophy & Public Affairs 47 (4), 378-411.
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