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11	Bör staten hämnas på brottslingar? : Om hämnd som drivkraft vid privat och statlig rättsskipning / Should revenge justify the punishment of criminals? : A study on revenge as a driving force in private and state justice Rihne, Moa January 2024 (has links) Syftet med denna studie är att fördjupa diskussionen kring hämnd som mänsklig drivkraft i relation till hämnd som legitimt motiv för att bestraffa brottslingar. Min frågeställning är: Kan och bör staten använda hämnd som legitimt motiv för att bestraffa brottslingar? Mitt argument utgör i grunden en kritik mot Robert Nozicks argument att hämnd och vedergällning är två vitt skilda fenomen. Nozick menar att människor hämnas och att hämnd är ett uttryck för hat och laddade känslor som uppstår med anledning av en förolämpning. Däremot utgör statens bestraffning vedergällning, vilket är något känslolöst som orsakas av en förekommande kriminell handling. En domare är enligt Nozick fri från hämndkänslor, och statens bestraffning av en brottsling är inte ett uttryck för hämnd. Min argumentation utgår från att känna hämndbegär är en ofrånkomlig del av att vara människa. Eftersom människan besitter ett ofrånkomilgt hämndbegär är också hämnd frekvent förekommande när enskilda människor gör upp utan statlig inblandning. När enskilda hämnas varandra slutar det dock ofta i en ändlös hämndspiral eller med att hämnd går till överdrift. Hämnd gör sig därför bättre i statsjustis. När staten bestraffar en gärningsman kan straffet ses som en hämndaktion, eftersom hämnd på ett tillfredsställande sätt kan motivera straffets existensberättigande och utförande. Hämnd bör också ses som ett legitimt motiv för att bestraffa brottslingar, vilket kan motiveras utifrån de fördelar som tillkommer vid tillämpandet av konsekventialistisk retributivism. Utifrån ovan nämnda skäl är min slutsats att hämnd kan och bör ses som ett legitimt motiv för att bestraffa brottslingar. Tvärtemot vad Nozick anser är därmed statens bestraffning av brottslingar ett uttryck för hämnd. hämnd straff bestraffning retribution retributivism vedergällning Robert Nozick Philosophy Filosofi
12	Retribution Requires Rehabilitation Adams, Joseph Q 16 April 2008 (has links) Herbert Morris argues in his influential retributivist paper, "Persons and Punishment," that criminals deserve punishment because their actions represent an unfair distribution of benefits and burdens in society. The proper distribution of benefits and burdens is important, in part, to restore law abiding citizens’ confidence that others will follow the law. In this paper I show that Morris's argument for why criminals deserve punishment morally requires us to set up an institution of rehabilitation in addition to the institution of punishment. Such an institution is morally required because neither pure punishment systems nor punishment systems that incorporate quasi-rehabilitative aspects have ever worked to uphold the necessary confidence that Morris tells us law abiding citizens must have in order to protect the social order. Moreover, we cannot abandon Morris's appeal to the duty to maintain social order without also abandoning a plausibly Morrisian framework. Hampton Morality of punishment Master's thesis Right to punish Deterrence Justification of punishment Justice Retributivism Free rider Philosophy
13	Genvägen förbi hanterandet av en patriarkal struktur : - En idé och ideologianalys om dödsstraff för sexualbrott i Indien Hansson, Johanna January 2020 (has links) This study is a qualitative analysis of ideas and ideological content, which main focus is the Indian legislation on rape offenses which was adapted after a brutal rape case in Dehli 2012. The purpose of the study is to analyze how Indian news sites portray the motives behind the new death penalty legislation. The analysis intention is to see if there´s a possibility that the arguments can be categorized within a theoretical framework such as utilitarianism, retributivism or feminism. The material used in the analysis is recently published, high-profile news articles from Indian media. The result signifies that the Indian government's argument for the death penalty legislation is justified primarily through justice and revenge for the victim, as well as the purpose of deterrence, which can be compared to the retributive setting. The majority of the arguments were also problematized from a feministic perspective, with the explanation that execution isn´t the solution to the country's patriarchal structure and gender-based violence and oppression. One factor that has an impact on the study is the limited freedom of the press in India where authorities have censored certain material on the internet, which affects the reliability of the study material. In conclusion the analyzed material uses the same sorts of argument that reflects upon feminist rationales, but this result also indicates that the unified result may have an explanation for the limited press freedom, the country's corruption and the censorship of the authorities. Könsbaserat våld Utilitarism Feminism Retributivism Straffteori Dödsstraff Konsekvensetik Idé och ideologianalys Social Sciences Samhällsvetenskap
14	Transforming contemporary criminal sentencing: introducing a composite-aims restorative justice model. Moss, Andrew 06 January 2011 (has links) One of the most important questions facing legal philosophers concerns the legitimacy of state institutions of legal punishment which visit citizens who have broken the law with condemnation and hard treatment. The purpose of this thesis is to attempt to answer the question of how we ought to respond to criminal offenders whose guilt has been established. The Canadian approach to criminal sentencing is evaluated, as are prominent restorative justice sentencing models. A novel composite-aims restorative justice model of responding to convicted offenders is introduced and the model’s aims and limits are specified. The thesis attempts to establish that a composite-aims model which encompasses certain restorative justice values and processes can provide a desirable framework for responding to convicted offenders. The implication for Canadian criminal justice policy is that the practice of applying punitive sanctions that are proportional to the moral gravity of the criminal offence should be abandoned in favour of a model based on securing censure, amends, crime control and reformation. Retribution Retributivism Offenders amends censure reform rehabilitation Van Ness Braithewaite Duff von Hirsch Ashworth
15	Ethics of Imprisonment : Essays in Criminal Justice Ethics Bülow, William January 2014 (has links) This licentiate thesis consists of three essays which all concern the ethics of imprisonment and what constitutes an ethically defensible treatment of criminal offenders. Paper 1 defends the claim that prisoners have a right to privacy. I argue that the right to privacy is important because of its connection to moral agency. For that reasons is the protection of inmates’ right to privacy also warranted by different established philosophical theories about the justification of legal punishment. I discuss the practical implications of this argument. Ultimately I argue the invasion of privacy should be minimized to the greatest extent possible without compromising other important values and rights to safety and security. In defending this position, I argue that respect for inmates’ privacy should be part of the objective of creating and upholding a secure environment to better effect in the long run. Paper 2 discusses whether the collateral harm of imprisonment to the close family members and children of prison inmates may give rise to special moral obligations towards them. Several collateral harms, including decreased psychological wellbeing, financial costs, loss of economic opportunities, and intrusion and control over their private lives, are identified. Two competing perspectives in moral philosophy are applied in order to assess whether the harms are permissible. The first is consequentialist and the second is deontological, and it is argued that both of them fails and therefore it is hard to defend the position that allowing for these harms would be morally permissible, even for the sake of the overall aims of incarceration. Instead, it is argued that these harms imply that imprisonment should only be used as a last resort. Where it is necessary, imprisonment should give rise to special moral obligations towards families of prisoners. Using the notion of residual obligation, these obligations are defended, categorized and clarified. Paper 3 evaluates electronic monitoring (EM) from an ethical perspective and discusses whether it could be a promising alternative to imprisonment as a criminal sanction for a series of criminal offenses. EM evaluated from an ethical perspective as six initial ethical challenges are addressed and discussed. It is argued that since EM is developing as a technology and a punitive means, it is urgent to discuss its ethical implications and incorporate moral values into its design and development. / <p>QC 20140519</p> Collateral Harms Communicative Theory of Punishment Consequentialism Criminal Justice Ethics Doctrine of Double Effect Electronic Monitoring Imprisonment Legal Punishment Moral Education Theory of Punishment Privacy Philosophy of Punishment Retributivism Philosophy Filosofi
16	Punishment and therapy : a progressive synthesis Wolf, Markus Johann 11 1900 (has links) The moral justification of punishment is the fundamental concern of this thesis. It is argued that a moral response to crime has to be a civilised response; therefore, the notion of "civility" is defined and discussed. Punishment is then defended in such a way that it accords with being a civilised response to crime. It is argued that in order to be such a response, and thereby qualify as a moral response, punishment must have a certain structure, i.e. it must fulfil seven necessary conditions, which, it is argued, together constitute the sufficient condition for morally justified punishment. In arguing for each of the necessary conditions, different onedimensional theories of punishment are dealt with (retributivism, utilitarianism, deterrence theory, rehabilitationism, a paternalistic theory of punishment, and restitutionalism}, indicating that each fulfils some of the criteria for morally justified punishment. None of the onedimensional theories fulfils all the necessary conditions, however, and hence none on its own fulfils the sufficient condition for morally justified punishment. This is not to argue that a straightforward theory could never on its own fulfil the conditions for morally justified punishment, but I have not been able to conceive how this could be done. The theory I here present is therefore a hybrid approach, incorporating elements of all the above-mentioned theories into a unitary theory. In doing so, it fulfils all the necessary conditions for being a civilised response to crime, thereby fulfilling the sufficient condition too, and hence providing a morally defensible account of punishment. Finally, the question of how this theory can be put into practice is addressed. Because the objective of punishment ought to be a civilised response, thereby benefiting both society as a whole and those being punished and rehabilitated, the thesis may be seen as a progressive synthesis of the various approaches examined. / Philosophy, Practical & Systematic Theology / D. Litt. et Phil. (Philosophy) Punishment Therapy Rehabilitation Civilised response Backward-lookin theory Forward-looking theory Hybrid approach to crime Retributivism Utilitarianism Deterrence theory Rehabilitationism Paternalism Restitutionalism 364.601 Punishment -- Philosophy
17	Punishment and therapy : a progressive synthesis Wolf, Markus Johann 11 1900 (has links) The moral justification of punishment is the fundamental concern of this thesis. It is argued that a moral response to crime has to be a civilised response; therefore, the notion of "civility" is defined and discussed. Punishment is then defended in such a way that it accords with being a civilised response to crime. It is argued that in order to be such a response, and thereby qualify as a moral response, punishment must have a certain structure, i.e. it must fulfil seven necessary conditions, which, it is argued, together constitute the sufficient condition for morally justified punishment. In arguing for each of the necessary conditions, different onedimensional theories of punishment are dealt with (retributivism, utilitarianism, deterrence theory, rehabilitationism, a paternalistic theory of punishment, and restitutionalism}, indicating that each fulfils some of the criteria for morally justified punishment. None of the onedimensional theories fulfils all the necessary conditions, however, and hence none on its own fulfils the sufficient condition for morally justified punishment. This is not to argue that a straightforward theory could never on its own fulfil the conditions for morally justified punishment, but I have not been able to conceive how this could be done. The theory I here present is therefore a hybrid approach, incorporating elements of all the above-mentioned theories into a unitary theory. In doing so, it fulfils all the necessary conditions for being a civilised response to crime, thereby fulfilling the sufficient condition too, and hence providing a morally defensible account of punishment. Finally, the question of how this theory can be put into practice is addressed. Because the objective of punishment ought to be a civilised response, thereby benefiting both society as a whole and those being punished and rehabilitated, the thesis may be seen as a progressive synthesis of the various approaches examined. / Philosophy, Practical and Systematic Theology / D. Litt. et Phil. (Philosophy) Punishment Therapy Rehabilitation Civilised response Backward-lookin theory Forward-looking theory Hybrid approach to crime Retributivism Utilitarianism Deterrence theory Rehabilitationism Paternalism Restitutionalism 364.601 Punishment -- Philosophy
18	Belief in Karma and Political Attitudes Östervall, Albin January 2022 (has links) Many scholars have discussed the sociopolitical consequences of belief in karma but few have investigated such relationships quantitatively. This study aims to establish empirical patterns concerning the connection between karmic beliefs and attitudes related to (i) political ideology, (ii) ableism, and (iii) views on the death penalty. The study’s theoretical framework is based on a Weberian approach to the study of beliefs (viewing beliefs as having attitudinal implications) and the theory of motivated social cognition. It uses original survey data from an MTurk sample of 330 Indians, which is analyzed through a series of regression models. When using demographic variables as controls, karmic beliefs are shown to correlate significantly (p<0.001) with three conservative dispositions (status quo conservatism, laissez-faire conservatism, authoritarianism); political approval of the Hindu nationalist Bharatiya Janata Party; ideological self-placement; ableist attitudes, and with disapproval of the death penalty. Karmic beliefs are also shown to correlate significantly with social class, and with right-wing views across both social classes and castes. Given these findings, I argue that karmic beliefs are likely to affect various political outcomes in India via their role in shaping the moral and political frameworks of the Indian population. karma karmic belief political attitudes ideology India Indian politics conservative dispositions caste caste system varnas political psychology political sociology conservatism laissez faire authoritarianism status quo conservatism equality BJP motivated social cognition Weber death penalty capital punishment ableism ableist attitudes personal responsibility samsara ahimsa retributivism theodicy just world belief karmic causation justice reasoning legitimizing myth legitimizing ideology Hinduism Hindutva politics religion karma index Political Science Statsvetenskap

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