Dissertations / Theses on the topic 'Retributivism'
Create a spot-on reference in APA, MLA, Chicago, Harvard, and other styles
Consult the top 22 dissertations / theses for your research on the topic 'Retributivism.'
Next to every source in the list of references, there is an 'Add to bibliography' button. Press on it, and we will generate automatically the bibliographic reference to the chosen work in the citation style you need: APA, MLA, Harvard, Chicago, Vancouver, etc.
You can also download the full text of the academic publication as pdf and read online its abstract whenever available in the metadata.
Browse dissertations / theses on a wide variety of disciplines and organise your bibliography correctly.
Martin, Robert Edward. "Retribution, proportionality and retributivism." Thesis, University College London (University of London), 1998. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.298806.
Full textFlohil, Jill Caroline. "Retributivism, functionalism, annulment and why consequences do and should matter." Thesis, National Library of Canada = Bibliothèque nationale du Canada, 1997. http://www.collectionscanada.ca/obj/s4/f2/dsk2/ftp04/mq22826.pdf.
Full textPerkins, Joanna. "Justification and responsibility in private law." Thesis, University of Oxford, 1999. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.312714.
Full textJohnson, Amanda Jane. "An Ideal Justification of Punishment." University of Sydney, 2006. http://hdl.handle.net/2123/1937.
Full textLegal punishment is frequently regarded as a cornerstone of both the legal system and of society more broadly yet (surely to its detriment) it is a practice which lacks a firm philosophical foundation. In spite of exercising many extremely capable legal and philosophical minds (particularly during the twentieth century) no generally agreed upon justification of punishment has been found. The nub of the problem has however been acknowledged as the inability of either of the major candidate theories (utilitarianism or retributivism) to provide an account able to address all the relevant parties. Whilst utilitarianism is often regarded as competent to the task of justifying punishment to society in terms of the attainment of some greater good, it seems entirely inadequate when it comes to formulating a justification to the criminal to explain why he has been singled out for punishment. And in the case of retributivism the situation is reversed. To the criminal it can be put that through punishment he is treated in accordance with what has done, but in the matter of justifying punishment to society, the key principle of desert is unable to be properly grounded. Thus the central motivation of this thesis is to attempt to redress this shortcoming in the philosophical literature and to formulate a viable justification of legal punishment. Ultimately it will be argued that the accounts of both Kant and Hegel offer a way of resolving the dilemma of punishment, and in particular their idealist orientation over and above their more widely acknowledged characterization as retributivists. In Kant’s case his contribution is derived from a reworked and more sophisticated version of his retributivism than is generally found in the literature, inspired by the work of Susan Meld Shell. Following Shell’s lead Kant’s construction of justice is explored and found to both enhance and support the traditional justification of punishment he can offer to the criminal, and to furnish an otherwise elusive justification of punishment to society more broadly. A reading of Hegel on punishment is also developed by taking seriously his theory of recognition and aspects of his logic, particularly regarding negation and contradiction. His account then addresses quite neatly and straightforwardly the three audiences for whom a justification of punishment is sought – the criminal, the victim and society itself. Not only does the thesis address the problem of punishment but it has further implications for Kant and Hegel scholarship as well as philosophy more broadly. One of the key points to come out of this thesis is that Kant and Hegel (if given adequate intellectual consideration) seem potentially able to offer up significant contributions to contemporary problems and issues beyond just the one argued for here regarding punishment. Their work is not merely of historical interest but has real and wide ranging possibilities which provide a rich resource for future research.
Parsley, Stephen. "Rethinking Legal Retribution." Digital Archive @ GSU, 2011. http://digitalarchive.gsu.edu/philosophy_theses/98.
Full textSödermark, Philip. "Angående obarmhärtiga samariter och vad som bör göras åt dem : En idékritik av obarmhärtig samarit-lagar." Thesis, Umeå universitet, Statsvetenskapliga institutionen, 2021. http://urn.kb.se/resolve?urn=urn:nbn:se:umu:diva-179889.
Full textChehata, Hanan. "A penological critique of Christian and Islamic justifications of capital punishment." Thesis, Brunel University, 2006. http://bura.brunel.ac.uk/handle/2438/5162.
Full textThomson, Cameron Matthew. "Morality, id est, worthiness to be happy : Kant's retributivism, the 'law' of unhappiness, and the eschatological reach of Kant's 'law of punishment'." Thesis, University of Edinburgh, 2012. http://hdl.handle.net/1842/8131.
Full textAgrawal, Devika. "The Impulse to Punish: A Critique of Retributive Justice." Scholarship @ Claremont, 2015. http://scholarship.claremont.edu/scripps_theses/635.
Full textLandon, Matt. "Conceptions of Justice: A Sampling of Student Perspectives." Honors in the Major Thesis, University of Central Florida, 2014. http://digital.library.ucf.edu/cdm/ref/collection/ETH/id/1611.
Full textB.A.
Bachelors
Sociology
Sciences
Hawkes, Jonathan. "Challenging retributivist intuitions." Thesis, Rhodes University, 2009. http://eprints.ru.ac.za/1635/.
Full textAdams, Joseph Q. "Retribution Requires Rehabilitation." Digital Archive @ GSU, 2008. http://digitalarchive.gsu.edu/philosophy_theses/35.
Full textBülow, William. "Ethics of Imprisonment : Essays in Criminal Justice Ethics." Licentiate thesis, KTH, Filosofi, 2014. http://urn.kb.se/resolve?urn=urn:nbn:se:kth:diva-145357.
Full textQC 20140519
Merle, Jean-Christophe. "Strafen aus Respekt vor der Menschenwürde eine Kritik am Retributivismus aus der Perspektive des deutschen Idealismus." Berlin de Gruyter Recht, 2005. http://deposit.d-nb.de/cgi-bin/dokserv?id=2909124&prov=M&dok_var=1&dok_ext=htm.
Full textCheng, Jen-Chieh, and 鄭人傑. "On Retributivism of Punishment." Thesis, 2008. http://ndltd.ncl.edu.tw/handle/ywe79b.
Full text東吳大學
法律學系
96
The theories of punishment seek to understand why and how we punish. Punishment is often discussed in terms of two concepts: the general justifying aim of punishment (why we punish) and the principle of distribution (how we punish). In history, two of the most often used justifications of punishment are utilitarianism and retributivism. For utilitarians, punishment is forward-looking, justified by a purported ability to achieve future social benefits, such as crime reduction. For retributionists, punishment is backward-looking, and strictly for punishing crimes according to their severity. Retributivism covers all theories that justify punishment because the offender deserves it. This is interpreted in two ways, either: a person must be punished because they deserves it (desert if a sufficient reason for punishment), or a person must not be punished unless they deserves it (desert is a necessary but not sufficient necessary condition of punishment). Retributive theories usually put forward that desert is a sufficient reason for punishment. In the 19th century, philosopher Immanuel Kant wrote in The Metaphysical Elements of Justice of retribution as a legal principle: "Judicial punishment can never be used merely as a means to promote some other good for the criminal himself or for civil society, but instead it must in all cases be imposed on him only on the ground that he has committed a crime." Immanuel Kant regards punishment as a matter of justice. He states that if the guilty are not punished, justice is not done. Kant thought that murder required the death penalty in order to respect the criminal as a rational and responsible moral agent - life imprisonment would deprive the criminal of the autonomy which is part of his heritage as a person. In ethics and law, "Let the punishment fit the crime" is the principle that the severity of penalty for a misdeed or wrongdoing should be reasonable and proportional to the severity of the infraction. The concept is common to most cultures throughout the world. Depending on the retributivist, the crime's level of severity might be determined by the amount of harm, unfair advantage or moral imbalance the crime caused. As a result, retributivism should be the most convicing theory of punishment.
Backen, George Jose. "A defense of moral sentiment retributivism." 2005. http://wwwlib.umi.com/dissertations/fullcit/3185308.
Full textTitle from PDF title page (viewed on Feb. 24, 2006) Available through UMI ProQuest Digital Dissertations. Thesis adviser: Randall Dipert. Includes bibliographical references.
Lin, Tzu-Chieh, and 林子傑. "Justifications for Punishment:Focus on Jean-Christophe Merle’s Criticism to Kantian Retributivism." Thesis, 2014. http://ndltd.ncl.edu.tw/handle/up2976.
Full text東吳大學
法律學系
102
The Kantian retributivism represents a critical turn on the development of theory of punishment. Theories before Kant was regarded by him as lack of respect to the dignity of criminal, for these theories merely take criminals as means toward some kind of good. The Kantian retributivism could correspond to three following theses: 1) all criminals, and only criminals, should be punished; 2) the punishment serves as retribution for the crimes committed; 3) the degree of punishment must be equivalent to the crime in order to show the criminal’s moral demerits. Since Kant did not tell much about the ground of his theory of retribution, we must exam this theory on the ground of Kantian philosophy of law and ethics. Jean-Christophe Merle contends that the Kantian retributivism contradicts to Kantian philosophy of law and ethics, therefore, on the ground of Kantian philosophy, Merle reconstruct a theory according to the categorical imperative, a sort of rehabilitation theory: by committing a crime, the criminal excludes himself out of the commonwealth, loses his civil personality and a state of nature by definition prevails over the relationship between the criminal and the rest of the commonwealth; however, the categorical imperative demands the creation of a legal system, if the establishment of the institutions constitutive of a state of law not be immediately possible, then permissive law demands achievement of it for everyone in the quickest way possible. The criminal law is thus a second order demanding the criminal to reenter the commonwealth, and the only means to that end is termed by Kant in Pedagogy “discipline,” the unilateral coercion upon the criminal. Therefore, only the punishment as rehabilitation is permissible, which at the same time directs toward the criminal himself, regards him as an end with respect to his dignity. In my opinion, there is no legal authority under the state of nature, thus as well as no authority to judge and punish; while the state of law indicates the coexistence of empirical freedoms according to the universal law of equal rights for all legal persons, so that the criminal is in a state of exception under the legal authority. It is necessary to suspend the criminal’s right in order to protect everyone’s equal freedom, including the freedom of the criminal. After denying the moral ground of Kantian retributivism, in the situation that humanity means reason, theory of general deterrence could be one of the rational lawgiving. In the other hand, only Merle’s contention, that is, humanity means human himself, can absolutely prohibit torture and death penalty. This would leads to a sort of theory of specific deterrence in order to fulfill the rehabilitation of the criminal, and a humane penal system.
Hansson, Johanna. "Genvägen förbi hanterandet av en patriarkal struktur : - En idé och ideologianalys om dödsstraff för sexualbrott i Indien." Thesis, 2020. http://urn.kb.se/resolve?urn=urn:nbn:se:mdh:diva-48086.
Full textMoss, Andrew. "Transforming contemporary criminal sentencing: introducing a composite-aims restorative justice model." Thesis, 2010. http://hdl.handle.net/1828/3186.
Full textTeixeira, Elisabete Natália Silvério Oliveira Marques. "Julgamentos de justiça, comportamentos retributivos e restaurativos: efeito da ativação." Master's thesis, 2017. http://hdl.handle.net/1822/49515.
Full textAs reações a uma situação injusta relacionam-se com dois tipos de justiça: retributiva ou restaurativa. Darley e Pittman (2003) sugerem que estas reações são determinadas pela indignação moral causada pela transgressão. O objetivo desta investigação é explorar este conceito de indignação moral, insuficientemente explicitado por estes autores. Procedimento: Validámos vinhetas para avaliar a perceção de justiça (Estudo 1), manipulando a intencionalidade da ação (acidental ou intencional) e o dano (leve ou pesado); numa segunda parte (estudo 2) o grupo experimental foi ativado através de exercício físico para testar se a indignação moral pode ser operacionalizada como o efeito conjunto de: perceção de uma quebra de normas sociais, intensidade do dano causado e ativação fisiológica, e avaliar o impacto destas características na perceção de justiça e nas decisões de retribuição/restauração. Amostra: Validação: 407 pessoas, online; estudo experimental: 62 pessoas. Resultados: Os participantes foram sensíveis à manipulação da intencionalidade e do dano (estudo 1); no estudo experimental apenas se verificou o efeito da intencionalidade nos julgamentos de justiça e decisões retributivas e restaurativas, não tendo a ativação fisiológica qualquer efeito.
Reactions to unjust situations relate to two types of justice: retributive or restorative. Darley and Pittman (2003) suggest that these reactions are determined by moral indignation, caused by a transgression. This research is an attempt to further explore and elaborate the concept of moral indignation. Procedure: We validated a set of vignettes to evaluate justice-perception (Study 1), by manipulating the intentionality of the actions (accidental or intentional) and the perceived damage (light or severe); on a second study (study 2), an experimental group went through a set of physical exercise as an attempt to operationalize moral indignation as the combination of: a perception of a violated social norm, severity of a caused damage and physiological activation. Furthermore, the impact of these characteristics in the perception of justice and retributive/restorative decisions was evaluated. Sample Validation: 407 participants, online; experimental study: 62 participants. Results: Participants were sensible to manipulating intentionality and damage (study 1); on the experimental group study, it was verified the effect of intentionality on justice judgments, retributive and restorative decisions, not observing any differences from the physiological activation.
Wolf, Markus Johann. "Punishment and therapy : a progressive synthesis." Thesis, 2002. http://hdl.handle.net/10500/1021.
Full textPhilosophy, Practical & Systematic Theology
D. Litt. et Phil. (Philosophy)
Teiga, João Pedro Vaz. "Princípio da irredutibilidade retributiva da admissibilidade de alterações ao quomodo prestacional e quantum retributivo." Master's thesis, 2020. http://hdl.handle.net/10400.14/31606.
Full text