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Inverse View
It is not the case that It can be justified to incapacitate dangerous offenders even if they are not morally responsible for what they have done or for the danger they present.
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Reasons For
2 perspectives
Reason for 1 of 2
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1.
Quarantine confines persons solely to prevent transmission of a biological agent, not to respond to any action or judgment about character.
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2.
Incarcerating offenders—even those lacking moral responsibility—necessarily responds to their agency and conduct, making the quarantine analogy structurally disanalogous.
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3.
Treating persons as dangerous objects to be warehoused based on predicted future conduct violates Kantian constraints against using persons merely as means.
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Reason for 2 of 2
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1.
P.F. Strawson's reactive attitudes framework holds that excusing an agent from moral responsibility demands we adopt the 'objective stance' toward them.
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2.
The objective stance, as Strawson argued, is itself a form of exclusion from the moral community that cannot be fully reconciled with punitive or quasi-punitive incapacitation.
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3.
Incapacitating a non-responsible agent while maintaining coercive institutional force against them is internally incoherent within any framework that grounds legitimate detention in agency.
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Reasons Against
1 perspective
Reason against
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1.
It can arguably be justified to quarantine someone carrying a transmissible disease even if that person is not morally responsible for the threat they pose.
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2.
Incapacitating dangerous offenders can be modeled on the same justification as public health quarantines.
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