干旱区生态环境知识资源中心(Arid): Moore's Moral Facts and the Gap in the Retributive Theory

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DOI	10.1007/s11572-011-9117-x
	Moore's Moral Facts and the Gap in the Retributive Theory
	Rosebury, Brian
通讯作者	Rosebury, B
来源期刊	CRIMINAL LAW AND PHILOSOPHY
ISSN	1871-9791
EISSN	1871-9805
出版年	2011
卷号	5 期号:3 页码:361-376
英文摘要	The purely retributive moral justification of punishment has a gap at its centre. It fails to explain why the offender should not be protected from punishment by the intuitively powerful moral idea that afflicting another person (other than to avoid a greater harm) is always wrong. Attempts to close the gap have taken several different forms, and only one is discussed in this paper. This is the attempt to push aside the 'protecting' intuition, using some more powerful intuition specially invoked by the situations to which criminal justice is addressed. In one aspect of his complex defence of pure retributivism, Michael S. Moore attempts to show that the emotions of well-adjusted persons provide evidence of moral facts which justify the affliction of culpable wrongdoers in retribution for their wrongdoing. In particular, he appeals to the evidential significance of emotions aroused by especially heinous crimes, including the punishment-seeking guilt of the offender who truly confronts the reality of his immoral act. The paper argues that Moore fails to vindicate this appeal to moral realism, and thus to show that intrinsic personal moral desert (as distinct from 'desert' in a more restricted sense, relative to morally justified institutions) is a necessary and sufficient basis for punishment. Other theories of the role of emotions in morality are as defensible as Moore's, while the compelling emotions to which he appeals to clinch his argument can be convincingly situated within a non-retributivist framework, especially when the distinction between the intuitions of the lawless world, and those of the world of law, is recognised.
英文关键词	Justification of punishment Retributive theory Moral significance of emotions Desert Resentment Guilt
类型	Article
语种	英语
开放获取类型	Green Accepted
收录类别	ESCI
WOS记录号	WOS:000214510000008
WOS类目	Law
WOS研究方向	Government & Law
资源类型	期刊论文
条目标识符	http://119.78.100.177/qdio/handle/2XILL650/329679
作者单位	[Rosebury, Brian] Univ Cent Lancashire, Sch Educ & Social Sci, Preston PR1 2HE, Lancs, England
推荐引用方式 GB/T 7714	Rosebury, Brian. Moore's Moral Facts and the Gap in the Retributive Theory[J],2011,5(3):361-376.
APA	Rosebury, Brian.(2011).Moore's Moral Facts and the Gap in the Retributive Theory.CRIMINAL LAW AND PHILOSOPHY,5(3),361-376.
MLA	Rosebury, Brian."Moore's Moral Facts and the Gap in the Retributive Theory".CRIMINAL LAW AND PHILOSOPHY 5.3(2011):361-376.

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