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19Elaborating Negative RetributivismPhilosophy and Public Issues - Filosofia E Questioni Pubbliche 5 (1). 2015.Download.
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A Normative Theory of Character and the Constituents of CharacterDissertation, The University of Wisconsin - Madison. 1982.The central aim of my dissertation is to consider the theoretical basis for the moral evaluation of character and the constituents of character. The latter are simply those traits that we commonly attribute to individuals, such as honesty, cruelty, sympathy, and the like. In general, I contend that an individual's character is to be evaluated by reference to the individual's orientation toward the dignity and well-being of human beings. Character traits that interfere with, impede, or destroy di…Read more
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14Radical Business EthicsRowman & Littlefield Publishers. 1995.Arguing against most scholars of business ethics who have articulated a set of moral principles and applied them to problems faced by business people, Richard Lippke steers away from offering moral directives. In Radical Business Ethics, he develops a more comprehensive perspective on business issues that is tied to larger questions of social justice. Analyzing a select group of timely issues such as advertising, employee privacy, and insider trading in the context of debates about the nature of…Read more
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22Rethinking ImprisonmentOxford University Press. 2007.This book draws upon philosophical arguments, criminological evidence, and legal literature on prisoners' rights and sentencing to explore the restrictions and deprivations that can be legitimately imposed on serious offenders in the name of punishment.
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10Plea BargainingIn Hugh LaFollette (ed.), The International Encyclopedia of Ethics, Blackwell. 2013.
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58Response to Tudor: Remorse-based Sentence Reductions in Theory and PracticeCriminal Law and Philosophy 2 (3): 259-268. 2008.Steven Tudor defends the mitigation of criminal sentences in cases in which offenders are genuinely remorseful for their crimes. More than this, he takes the principle that such remorse-based sentence reductions are appropriate to be a âwell-settled legal principleââso well settled, in fact, that âit is among those deep-seated commitments which can serve to test general theories as much as they are tested by themâ. However, his account of why remorse should reduce punishment is strongl…Read more
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78Larry Laudan, Truth, Error, and Criminal Law: An Essay in Legal Epistemology: Cambridge University Press, Cambridge, 2006, Hardback ISBN: 0-521-86166-7Criminal Law and Philosophy 2 (1): 85-89. 2008.
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30Liora Lazarus, Contrasting Prisoners’ Rights: A Comparative Examination of Germany and England: Oxford University Press, Hardback, £38.50, ISBN 0:1-99-25983-6 (review)Criminal Law and Philosophy 1 (1): 123-125. 2007.
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104Why Sex (Offending) Is DifferentCriminal Justice Ethics 30 (2): 151-172. 2011.The central premise is that a significant amount of sex offending stems from unusual or inappropriate sexual preferences that appear in early adolescence, are relatively stable, and immutable. In those ways, they are like more ordinary sexual preferences, generating sexual impulses that are insistent. Individuals are strongly tempted to act on them, alternatives to satisfying them are unfulfilling, and complete long-term control of such impulses is unlikely. Yet, since individuals with sexual pr…Read more
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44Why persons are the ground of rights (and utility isn't)Journal of Value Inquiry 18 (3): 207-217. 1984.
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26Victim‐Centered RetributivismPacific Philosophical Quarterly 84 (2): 127-145. 2003.Critics charge that retributivists fail to show why the state should concern itself with ensuring that criminal offenders are punished in accordance with their ill deserts. Drawing on the notion that the state should attempt to equalize the realization of the interests designated by rights, it is argued that legal punishment restores the equality of condition, disrupted by criminal conduct, that all citizens are entitled to. While this equality of condition might be restored in various ways, it …Read more
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79The Elusive Distinction Between Negative and Positive RightsSouthern Journal of Philosophy 33 (3): 335-346. 1995.
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132The disenfranchisement of felonsLaw and Philosophy 20 (6). 2001.After discussing the interests that ground theright to democratic political participation,arguments for the disenfranchisement of thosewho commit serious criminal offenses areexamined. The arguments are divided into twogroups. The first group consists of argumentsthat are relatively independent of thejustifying aims of punishment. It is concededthat two of these arguments establish thatsome, though by no means all, serious offendersshould lose the vote for a period of time thatdoes not necessari…Read more
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113Toward a Theory of Prisoners' RightsRatio Juris 15 (2): 122-145. 2002.This paper explores the issue of prisoners' rights. The conditions of incarcerated people in jails and prisons include psychological and physical deterioration brought on by their condition of confinement. The one sanction that has been debated extensively in the United States is the death penalty. Yet there are numerous losses or deprivations short of death that we might impose on legal offenders. In addition to broader issues such as the nature of rights and the basic moral rights possessed by…Read more
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110Punishment Drift: The Spread of Penal Harm and What We Should Do About ItCriminal Law and Philosophy 11 (4): 645-659. 2017.It is well documented that the effects of legal punishment tend to drift to the family members, friends, and larger communities of convicted offenders. Instead of conceiving of punishment drift as incidental to legal punishment, or as merely foreseen but not intended by state authorities and thus permissible, I argue that efforts ought to be undertaken to limit or ameliorate it. Failure to confine punishment drift comes perilously close to punishment of the innocent and is at odds with other leg…Read more
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138No easy way out: Dangerous offenders and preventive detention (review)Law and Philosophy 27 (4). 2008.
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86Mixed Theories of Punishment and Mixed Offenders: Some Unresolved TensionsSouthern Journal of Philosophy 44 (2): 273-295. 2006.Mixed theories of legal punishment treat both crime reduction and retributive concerns as irreducibly important and so worthy of inclusion in a single justificatory framework. Yet crime reduction and retributive approaches employ different assumptions about the necessary characteristics of those liable to punishment. Retributive accounts of legal punishment require offenders to be more responsive to moral considerations than do crime reduction accounts. The tensions these different assumptions c…Read more
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46Making Offenders Pay—For the Costs of Their PunishmentSocial Theory and Practice 25 (1): 61-77. 1999.
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24Criminal record, character evidence, and the criminal trial*: Richard L. LippkeLegal Theory 14 (3): 167-191. 2008.The question addressed here is whether evidence concerning defendants' past criminal records should be introduced at their trials because such evidence reveals their character and thus reveals whether they are the kinds of persons likely to have committed the crimes with which they are currently charged. I strongly caution against the introduction of such evidence for a number of reasons. First, the link between defendants' past criminal records and claims about their standing dispositions to th…Read more
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62Against supermaxJournal of Applied Philosophy 21 (2). 2004.abstract Supermax prisons subject inmates to extreme isolation and sensory deprivation for extended periods of time. Crime reduction and retributive arguments in favour of supermax confinement are elaborated. Both types of arguments are shown to falter once the logic of the two approaches to the justification of legal punishment is made clear and evidence about the effects of supermax confinement on inmates is considered. It is also argued that many criminal offenders suffer from defects in thei…Read more
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47The Presumption of Innocence in the Trial SettingRatio Juris 28 (2): 159-179. 2015.The starting frame with which jurors begin trials and the approach which they should take toward the presentation of evidence by the prosecution and defense are distinguished. A robust interpretation of the starting frame, according to which jurors should begin trials by presuming the material innocence of defendants, is defended. Alternative starting frames which are less defendant-friendly are shown to cohere less well with the notion that criminal trials should constitute stern tests of the g…Read more
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29The Rationality of the Egoist’s Half-Way HouseSouthern Journal of Philosophy 25 (4): 515-528. 1987.