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Punishment and Personal Responsibil
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ACKNOWLEDGEMENTS...................
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8.6 MORAL AND POLITICAL CONSEQUENCE
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2 tionable asymmetry, which seems t
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Part I. The Problem
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8 right to punish, from which the l
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10 in favour of the action or pract
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12 ment: where the right to punish
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14 A psychiatrist, Menninger espous
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16 question with colleagues and stu
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18 will endorse the form of punishm
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20 causally responsible for X if on
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22 thus a prerequisite of desert, a
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24 Sticking point 4. The possible c
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26 And further: “This is not subj
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28 theory I will defend in this boo
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30 The same tendency towards “tou
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32 A shrinking sphere of responsibi
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34 disorder than freely chosen acts
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36 sentment. Why should this matter
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38 retributivism is normatively mor
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40 tions as the potential truth of
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42 OUTLINE OF THE BOOK The rest of
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44 scientific explanation of crime
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46 render obligatory certain action
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48 can ideally promote compliance w
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50 pursued by imposing pain or depr
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52 be criminalized and within the s
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54 decriminalization. 62 No act is
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56 What is the relevance of example
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58 2.5 PENAL REGIME, WHAT? So far I
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61 3. Three Theories of Punishment
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63 offer both rational and moral ju
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65 ment the state may see fit. They
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67 since it represents a cost that
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69 marriage. The criminalization of
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71 therefore tended to argue that a
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73 that punishment could cease to b
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75 still have defended rehabilitati
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77 ing the desire to commit crime.
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79 committed crimes such as speedin
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81 Now, a number of things are note
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83 quence of a particular penal sch
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85 punishment, but is also a reason
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87 empirical question. It can safel
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89 or her victim(s). The slogan of
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91 Retributivism by proportionality
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93 interpretation of proportionalit
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why it is wrong to say that retribu
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97 few seem to have resorted to it.
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99 can be disentangled, and it is t
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101 punishment: that one should not
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103 find unacceptable. Deterrence n
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105 - it will incorporate pain to t
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107 cult questions concerning scien
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109 of all questions the very point
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111 which certainly means that clai
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113 correcting that claim, serves t
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115 Attempting to bridge the gap Sm
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Part II. A Defence of Retributivism
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120 Everybody benefits from a rule
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122 conclude that the claim is fals
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124 might break the other generally
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126 since it claims that something
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128 based on punishment have argued
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130 sible. But he thinks that it is
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132 son (…) than for the crime to
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134 The only principle the theory o
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136 excuses - if one does not deser
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138 can never be just. To satisfy t
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140 Utilitarians of the deterrentis
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142 is “one of the devices of soc
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144 rule against punishing innocent
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146 dorse, as a basis of policy, th
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149 6. The Symbolic Reason for Retr
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151 punishment is justified since i
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153 little sense. 162 Moreover, a p
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155 the value system or moral capac
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157 The same considerations that ex
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When a retributivist claims that ru
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161 Autonomy Model (AM), as its ups
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163 choice is undetermined if the a
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165 the first intentional explanati
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167 6.4 THE RATIONALITY MODEL Compa
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169 Just as raising the cost of a p
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171 as any other factor in the calc
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- Page 262 and 263: 256 P 1 : Nothing can be causa sui
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274 fully enculturated, or since en
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276 tory enterprises involved in as
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278 choosing the optimal means to a
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280 that turns out to be quite a mo
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282 this is the necessary result of
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284 thus responses to rule breaking
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286 ent basic justifications of dem
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288 choice is significant since it
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290 provided: first, we permit the
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292 hold it: if we have free will,
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294 of using reinforcers and punish
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296 returns home but realizes Walde
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298 determined to act as he does, m
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300 choices, we might be dangerousl
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302 moral and political reasons for
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304 Regarding Q1 and Q2, a second t
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306 9.2 STEP 2. A FREE WILL SOCIETY
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308 9.3 STEP 3. WE DO NOT KNOW WHET
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310 That the science of human actio
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312 to do so. Now, was Rob determin
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314 So how should one bet? It depen
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316 This is perhaps a bit technical
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318 agreeable than the D-society. H
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320 can only be momentarily realize
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322 given the theses put forward is
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Part IV. Conclusions
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328 of justice; we saw, in chapter
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330 not ordinarily responsible for
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332 those who want to excuse that m
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334 alty and is based on short pris
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336 patible with the practice of le
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338 These are the outlines of a pen
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340 tivism justifies, in so many gr
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342 But if society is not “great,
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344 social injustices that breed cr
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346 termined, but rather directed b
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348 10.5 THE ULTIMATE JUSTIFICATION
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350 to present the ultimate reason
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352 Part of the appeal of utilitari
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354 Berlin, Isaiah, 2002: Liberty,
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356 Durkheim, Emile, 1964: The Divi
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358 Hempel, C. G. & Paul Oppenheim,
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360 Moore, G.E., 1994: Principa Eth
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362 Ryle, Gilbert, 1984: The Concep
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364 Wiggins, David, 2003: »Towards