Responsibility And Punishment

Responsibility and Punishment, Third Edition presents a clear-headed defense of retributivism against several long-standing criticisms. In the end, a viable version of retributivism emerges as one which withstands more criticism than competing theories of

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LIBRARY OF ETHICS AND APPLIED PHILOSOPHY VOLUME 9

Editor in Chief: Marcus Düwell, Utrecht University, Utrecht, The Netherlands

For other titles published in this series, go to www.springer.com/series/6230

A C.I.P. Catalogue record for this book is available from the Library of Congress.

ISBN 978-1-4020-9387-6 (PB) ISBN 978-1-4020-4147-1 (HB) ISBN 978-1-4020-4148-8 (e-book) Published by Springer, P.O. Box 17, 3300 AA Dordrecht, The Netherlands. www.springer.com

Printed on acid-free paper

All Rights Reserved © 2009 Springer Science+Business Media B.V. No part of this work may be reproduced, stored in a retrieval system, or transmitted in any form or by any means, electronic, mechanical, photocopying, microfilming, recording or otherwise, without written permission from the Publisher, with the exception of any material supplied specifically for the purpose of being entered and executed on a computer system, for exclusive use by the purchaser of the work.

For My Mother Diane Bellotto Corlett

TABLE OF CONTENTS Preface Introduction

ix 1

CHAPTER 1: The Problem of Responsibility CHAPTER 2: The Problem of Punishment CHAPTER 3: Foundations of a Kantian Retributivism CHAPTER 4: Assessing Retributivism CHAPTER 5: Forgiveness, Apology, and Retributive Punishment CHAPTER 6: Capital Punishment CHAPTER 7: The Problem of Collective Responsibility CHAPTER 8: Corporate Responsibility and Punishment CHAPTER 9: Collective Wrongdoing, Reparations, and Native Americans Conclusion

11 27 49 71 107 131 147 165

List of Sources Index

231 249

183 227

PREFACE TO THE THIRD EDITION The contents of this book represent nearly twenty years of studying and assessing critically philosophical work in the areas related to responsibility and punishment theories. Certain chapters or sections of chapters of this book contain materials that I have contributed to various philosophy journals or other sources. For example, the contents of Chapter 3 consists of a revised version of an essay by the same title published in The Southern Journal of Philosophy to which thanks are expressed for the use of it herein. Substantial sections of Chapter 4 consist of my essay, “Making Sense of Retributivism,” Philosophy, 76 (2001), pp. 77-110, and gratitude is expressed to the Royal Institute of Philosophy, London, and Cambridge University Press, for use of it here. Chapter 5 is a revised version of an article having the same title forthcoming in the American Philosophical Quarterly, and gratitude is expressed to North American Philosophical Publications, Inc., for kind permission to use the contents of that article herein. The content of Chapter 7 is a revised version of “Collective Moral Responsibility,” in A. Jokic, Editor, From History to Justice (New York: Peter Lang Publishers, 2001), pp. 305-18. The contents of Chapters 7-8 are essentially revised forms of articles by the same titles from the Journal of Social Philosophy, and gratitude is expressed to Blackwell Publishers for use of both articles in this book. Chapter 9 contains substantial materi