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Eye for an eye
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ISBN: 0521856809 9780521856805 9780511511059 9780521704670 0521704677 1107155827 0511183771 0511137702 0511312016 0511511051 128043189X 0511201893 051113553X 9780511137709 9780511183775 9780511135538 9781107155824 9780511201899 9780511312014 Year: 2009 Publisher: Cambridge New York Cambridge University Press

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This book is a historical and philosophical meditation on paying back and buying back, that is, it is about retaliation and redemption. It takes the law of the talion - eye for an eye, tooth for a tooth - seriously. In its biblical formulation that law states the value of my eye in terms of your eye, the value of your teeth in terms of my teeth. Eyes and teeth become units of valuation. But the talion doesn't stop there. It seems to demand that eyes, teeth, and lives are also to provide the means of payment. Bodies and body parts, it seems, have a just claim to being not just money, but the first and precisest of money substances. In its highly original way, the book offers a theory of justice, not an airy theory though. It is about getting even in a toughminded, unsentimental, but respectful way. And finds that much of what we take to be justice, honor, and respect for persons requires, at its core, measuring and measuring up.


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The end of reciprocity
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ISBN: 1107189918 1282539248 9786612539244 0511817576 0511718918 0511719361 0511515200 0511718454 0511516487 9780511719363 9780511817571 9780521513517 9780521730143 0521513510 0521730147 9781107189911 9781282539242 6612539240 9780511718915 9780511515200 9780511718458 9780511516481 Year: 2009 Publisher: New York Cambridge University Press

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Why should America restrain itself in detaining, interrogating, and targeting terrorists when they show it no similar forbearance? Is it fair to expect one side to fight by more stringent rules than the other, placing itself at disadvantage? Is the disadvantaged side then permitted to use the tactics and strategies of its opponent? If so, then America's most controversial counterterrorism practices are justified as commensurate responses to indiscriminate terror. Yet different ethical standards prove entirely fitting, the author finds, in a conflict between a network of suicidal terrorists seeking mass atrocity at any cost and a constitutional democracy committed to respecting human dignity and the rule of law. The most important reciprocity involves neither uniform application of fair rules nor their enforcement by a simple-minded tit-for-tat. Real reciprocity instead entails contributing to an emergent global contract that encompasses the law of war and from which all peoples may mutually benefit.


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Rejecting retributivism : free will, punishment, and criminal justice
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ISBN: 1108689302 1108484700 1108754805 1108664253 Year: 2021 Publisher: Cambridge, United Kingdom ; New York, NY : Cambridge University Press,

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Within the criminal justice system, one of the most prominent justifications for legal punishment is retributivism. The retributive justification of legal punishment maintains that wrongdoers are morally responsible for their actions and deserve to be punished in proportion to their wrongdoing. This book argues against retributivism and develops a viable alternative that is both ethically defensible and practical. Introducing six distinct reasons for rejecting retributivism, Gregg D. Caruso contends that it is unclear that agents possess the kind of free will and moral responsibility needed to justify this view of punishment. While a number of alternatives to retributivism exist - including consequentialist deterrence, educational, and communicative theories - they have ethical problems of their own. Moving beyond existing theories, Caruso presents a new non-retributive approach called the public health-quarantine model. In stark contrast to retributivism, the public health-quarantine model provides a more human, holistic, and effective approach to dealing with criminal behavior.

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