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    LoyalLoyalJusticeJustice
    Made withinDC&Austin
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    321,452
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    42
    The more tenuous the connection to a rights violation, an... — Carmelics
    Home/Justice & Punishment
    HistoryEditSee Inverse

    The more tenuous the connection to a rights violation, and the less culpable the mental state, the more controversial punishment for an act or omission becomes.

    Justice & Punishment
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    1 reason for
    2 reasons against

    Reasons For

    1 perspective
    Reason for
    ?
    • 1.The paradigmatic wrong for which punishment seems appropriate is an intentional or knowing violation of the important rights of another, such as murder or rape.
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    • 2.An attempt to do the same is almost as clearly a proper basis for punishment.
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    Reasons Against

    2 perspectives
    Reason against 1 of 2
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    • 1.Strict liability offenses (e.g., statutory rape, regulatory violations) are legitimately punished despite minimal culpability, grounding punishment in harm prevention rather than mental state.
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    • 2.Hart and Honoré's causal responsibility framework shows legal systems routinely treat outcome-based accountability as sufficient justification independent of subjective intent.
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    • 3.If strict liability punishment is legitimate, culpability gradient cannot be the primary axis determining punishment's controversiality.
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    Reason against 2 of 2
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    • 1.Consequentialist traditions from Bentham onward ground punishment's justification in deterrence and social utility, making rights-violation centrality a question-begging assumption favoring retributivism.
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    • 2.On a deterrence view, acts with tenuous rights-connections but high social harm (e.g., reckless environmental pollution) may warrant stronger punishment than intentional minor rights violations.
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    Justice & Punishment

    Related

    An attempt to do the same is almost as clearly a proper basis for punishment.Consequentialist traditions from Bentham onward ground punishment's justificatio...Hart and Honoré's causal responsibility framework shows legal systems routinely ...If strict liability punishment is legitimate, culpability gradient cannot be the...
    +3 moreShow less
    On a deterrence view, acts with tenuous rights-connections but high social harm ...Strict liability offenses (e.g., statutory rape, regulatory violations) are legi...The paradigmatic wrong for which punishment seems appropriate is an intentional ...

    Similar

    Retributivism captures the widely shared sense that it is always or ne...76%Retributive punishment requires that the subject have the mental abili...75%A violation of a right involves both a hurt to some assignable person ...75%Legal punishment is more dramatically coercive and burdensome than oth...75%

    Source

    AI-extracted2/3 agreementValid
    SEP: justice-retributive
    Discussion of paradigmatic wrongs and punishment
    View source passageHide passage
    The paradigmatic wrong for which punishment seems appropriate is an intentional or knowing violation of the important rights of another, such as murder or rape. It is almost as clear that an attempt to do the same is a proper basis for punishment, though how to define the concept of an attempt is highly contested (Duff 1996; Alexander, Ferzan, & Morse 2009: ch. 6; Yaffe 2010). The more tenuous the connection to a rights violation, and the less culpable the mental state, the more controversial punishment for an act or omission becomes. This raises special problems for purely regulatory (mal...
    Extraction notes

    Validity: The premises establish that intentional rights violations are the paradigmatic basis for punishment and attempts are nearly as clear, which logically supports the conclusion that as one moves further from this paradigm (more tenuous connection to rights violations, less culpable mental states), punishment becomes more controversial—and this reasoning is clearly present in the source passage.

    Confidence: The text presents a clear argument moving from paradigmatic cases of justified punishment toward increasingly controversial cases based on proximity to rights violations and culpability of mental state.

    Details

    Type
    claim
    Perspectives
    3 (1 for, 2 against)
    Edits
    1 edit