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| DOI | 10.1080/13698230.2021.1893253 |
| Is blame warranted in applying justice? | |
| Kelly, Erin I. | |
| 通讯作者 | Kelly, EI (corresponding author), Tufts Univ, Dept Philosophy, Medford, MA 02155 USA. |
| 来源期刊 | CRITICAL REVIEW OF INTERNATIONAL SOCIAL AND POLITICAL PHILOSOPHY
 |
| ISSN | 1369-8230 |
| EISSN | 1743-8772 |
| 出版年 | 2021 |
| 英文摘要 | The belief that people convicted of crimes deserve punishment is commonplace. Yet the punitive conception of individual responsibility commonly associated with 'just deserts' exaggerates the moral meaning of criminal guilt, normalizes excessive punishment, and distracts from shared responsibility for social injustice. The problem is, many people who get caught up in the criminal justice system cannot reasonably be thought to deserve their fate. Mental illness, intellectual disability, addiction, trauma, and poverty are morally mitigating factors when it comes to assessing how blameworthy a person is for criminal behavior. But with the exception of extreme forms of mental illness that fall into the very narrow legal category of 'insanity,' people who struggle with serious difficulties are not treated as less blameworthy by the criminal justice system. The criteria of legal guilt does not match up well with the moral concept of blameworthiness. The solution might seem to be somehow to refine legal practice to make blame more context-sensitive, but I argue that rather than try to revise our criminal justice practices to fit better with common notions of blame and desert, we should get out of the public blaming business altogether. A determination morally to condemn individual offenders is not helping us to resolve the disaster of mass incarceration or the problems faced by returning citizens. It does not help us to see clearly the connection between crime and other problems of social injustice, like poverty, lack of mental health care, drug addiction, racial discrimination, and violence. Were we to be less fixated on individual responsibility, and more cognizant of our shared responsibility to treat all members of society as equal persons, entitled to the same basic rights, liberties, and opportunities, we might be in a better position to work collectively to address problems of social injustice that contribute to the problem of crime. |
| 英文关键词 | Blame punishment retribution justice law |
| 类型 | Article ; Early Access |
| 语种 | 英语 |
| 收录类别 | ESCI |
| WOS记录号 | WOS:000620838300001 |
| WOS类目 | Political Science |
| 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/2XILL650/353010 |
| 作者单位 | [Kelly, Erin I.] Tufts Univ, Dept Philosophy, Medford, MA 02155 USA |
| 推荐引用方式 GB/T 7714 | Kelly, Erin I.. Is blame warranted in applying justice?[J],2021. |
| APA | Kelly, Erin I..(2021).Is blame warranted in applying justice?.CRITICAL REVIEW OF INTERNATIONAL SOCIAL AND POLITICAL PHILOSOPHY. |
| MLA | Kelly, Erin I.."Is blame warranted in applying justice?".CRITICAL REVIEW OF INTERNATIONAL SOCIAL AND POLITICAL PHILOSOPHY (2021). |
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