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Rethinking Punishment
Rejecting traditional alternatives, Leo Zaibert offers an original and refreshing approach to the age-old problem of the justification of punishment.
Punishment and Retribution
Discussions of punishment typically assume that punishment is criminal punishment carried out by the State. Punishment is, however, a richer phenomenon and it occurs in many contexts. This book contains a general account of punishment which overcomes the difficulties of competing accounts. Recognizing punishment's manifoldness is valuable not merely in contributing to conceptual clarity, but in that this recognition sheds light on the complicated problem of punishment's justification. Insofar as they narrowly presuppose that punishment is criminal punishment, most apparent solutions to the tension between consequentialism and retributivism are rather unenlightening if we attempt to apply them in other contexts. Moreover, this presupposition has given rise to an unwieldy variety of accounts of retributivism which are less helpful in contexts other than criminal punishment. Treating punishment comprehensibly helps us to better understand how it differs from similar phenomena, and to carry on the discussion of its justification fruitfully.
Rejecting Retributivism
Caruso argues against retributivism and develops an alternative for addressing criminal behavior that is ethically defensible and practical.
Forgiveness and Remembrance
The theme of Forgiveness and Remembrance is the complex moral psychology of forgiving and remembering in both personal and political contexts. It offers an original account of the moral psychology of interpersonal forgiveness and explores its role in transitional societies. The book also examines the symbolic moral significance of memorialization in these societies and reflects on its relationship to forgiveness.
Law and Legal Theory
What is the relation between law and democracy and how might it be improved? What values should inform the body of laws that govern us all? How should we determine crimes from non-crimes? What justifies state punishment, if anything? Law and Legal Theory brings together some of the most important essays in the area of the philosophy of law written by leading, international scholars and offering significant contributions to how we understand law and legal theory to help shape future debates. Contributors include Christopher Bennett, Samantha Besson, Thom Brooks, Brian Butler, Sean Coyle, Rowan Cruft, Leonard Kahn, Richard Lippke, Andrew March, Matt Matravers, Adina Preda, Maria Cristina Redondo, Hanoch Sheinman and Leo Zaibert.
Intentional Acts and Institutional Facts
Ten original essays examine the central themes of John Searle’s ontology of society. Written by an international team of philosophers and social scientists, the essays contribute to a deeper understanding of Searle’s work. Moreover, these essays open the door to new approaches to addressing fundamental questions about social phenomena. This book also features a new essay by Searle himself that summarizes and further develops his work.
The Role of History in Latin American Philosophy
This book brings the history of Latin American philosophy to an English-speaking audience through the prominent voices of Mauricio Beuchot, Horacio Cerutti-Guldberg, María Luisa Femenías, Jorge J. E. Gracia, Oscar R. Martí, León Olivé, Carlos Pereda, and Eduardo Rabossi. They argue that Spanish is not a philosophically irrelevant language and that there are original positions to be found in the work of Latin American philosophers. Part I of the book looks at why the history of philosophy has not developed in Latin America. A range of theoretical issues are explored, each focusing on specific problems that have hindered the development of a solid history. Part II details the complex task of writing a history of philosophy for a region still haunted by the specter of colonialism.
Punishment and Retribution
Discussions of punishment typically assume that punishment is criminal punishment carried out by the State. Punishment is, however, a richer phenomenon and it occurs in many contexts. This book contains a general account of punishment which overcomes the difficulties of competing accounts. Recognizing punishment's manifoldness is valuable not merely in contributing to conceptual clarity, but in that this recognition sheds light on the complicated problem of punishment's justification. Insofar as they narrowly presuppose that punishment is criminal punishment, most apparent solutions to the tension between consequentialism and retributivism are rather unenlightening if we attempt to apply them in other contexts. Moreover, this presupposition has given rise to an unwieldy variety of accounts of retributivism which are less helpful in contexts other than criminal punishment. Treating punishment comprehensibly helps us to better understand how it differs from similar phenomena, and to carry on the discussion of its justification fruitfully.
Five Ways Patricia Can Kill Her Husband
Structured around a striking conceit -- the murder of a husband by his wife -- this provocative book explores the heady relationship between mental states such as desires, beliefs, emotions, and above all, intentions -- along with the normative assessment of wrongdoing. Depending on Patricia's mental state and beliefs, her degree of guilt for killing her husband will vary. If, for example, she set fire to her apartment fully intending to kill her husband, she would be deemed more blameworthy then if the fire was an unavoidable accident. Culpability, the author argues, is commonly confused with other issues such as responsibility, accountability, and liability, but it is really concerned exclusively with the intentional mental states that exist in the mind at the point of action. Zaibert also offers a history of the theory of culpability, and gives a fascinating analysis of the beliefs and emotions associated with blaming others.
