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Keywords: retribution
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Journal Articles
New Criminal Law Review (2018) 21 (2): 267–290.
Published: 01 May 2018
... coat tails, and cannot itself be a moral justification for punishment. Retribution is morally justified by Kant in terms of the value, dignity, and agency of human beings. Kant s retributionism is undergirded by his idea of duty and beliefs in human reason and autonomy. Human beings, says Kant...
Journal Articles
Journal Articles
New Criminal Law Review (2014) 17 (3): 407–441.
Published: 01 August 2014
... scientific research to argue that juveniles should indeed be treated differently than we currently treat adults for criminal offenses. However, the primary reason we should treat them differently is not because they are developmentally immature (which many of them may indeed be), but because our retributive...
Journal Articles
New Criminal Law Review (2013) 16 (4): 595–620.
Published: 01 October 2013
... theories of punishment. The three major theories of punishment (the deterrent, the retributive, and the rehabilitative), far from showing that the death penalty is not justified, tend to provide good reasons to favor the death penalty. Indeed, every attempt to show that the major theories of punishment...
Journal Articles
New Criminal Law Review (2012) 15 (4): 465–510.
Published: 01 October 2012
... of misery within each of the five philosophical grounds that traditionally justify and guide punishment: a variety of theories of retribution, as well as general deterrence, specific deterrence, incapacitation, and rehabilitation. From this analysis, the author concludes that none of the traditional...