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46 Terms
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\ Race, gender, class
Demographic variables that affect prison sentences
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The New Jim Crow
Thesis: The mass incarceration system in America that began in late 1960s is not a racially neutral response to crime. Itâs chiefly a tool for maintaing white control and domination over Black Americans, a âcolor blindâ replacement for Jim Crow
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Utilitarian Theory of Punishment
\-Punishment is a necessary evil for creating the greater good for society
\-Deterrence = main justification for criminal justice system
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Objections to Utilitarian Theory
1. Punishing the innocent objection 2. Not punishing the guilty objection
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The Desert Thesis
Itâs a good thing for people to get what they deserve, for the virtuous to be rewarded, and for wrongdoers to suffer
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Retributivism
\[Kant & Ross\] Only theory of punishment which says itâs GOOD for people to suffer
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Negative Retributivism
Itâs wrong to punish people who donât deserve it, or to punish people more than they deserve
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Positive Retributivism
Itâs good/obligatory to punish people who do deserve it
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Justifying Punishment Objection
Objection to retributivism; making wrongdoers suffer isnât a strong enough justification for incarceration system
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Theory of Pure Restitution
Booninâs Theory:
* Believes we should abolish punishment * Instead offenders should be made to make amends for the harm theyâve caused, restoring victims to their prior level of well-being
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Secondary Victims
Under theory of pure restitution: people who are harmed indirectly by a crime-- Boonin thinks theyâre also entitled to restitution
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Nature of restitution
Boonin postulates that restitution, in some cases, might go beynd financial compensation to include monitoring or incarceration
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Theory of Pure Resitution Objections
1. Rich offender objection 2. Poor offender objection 3. Deterrence objection (if you donât incarcerate lots of people, the theory will provide inadequate deterrence; if you do incarcerate lots of people, just looks like punishment w/a different name)
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Deontological Theory
Tadrosâ theory that committing a crime generates an obligation for you to prevent other crimes of the same type from occurring
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Elements of Deontological Theory
* Utilitarian Theory - main justification for punishment = deterrence * Retributivism - emphasis on the distinctin between guilt and innocence * ToPR - focus on making amends for the harm youâve caused
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Tadrosâ cases
* Double hit man (human shield) * Two assassins
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Deontological Theory Objections
1. Rich offender objection 2. Proportionality objection - no guarantee that a sentence needed to deter others from committing crimes will seem proportional to us (e.g. 12 yrs. for arson, 6 yrs. for murder)
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Singerâs Strong Principle
If itâs in your power to stop something bad from happening without thereby sacrificing anything of comparable moral significance, we ought, morally, to do it
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Drowning Child Case
If you walk past a pond and see a child drowning, should you wade in and pull the child out, even if it ruins your clothes and makes you late to your first class?
â Failing to donate to famine relief to save children who are dying due to starvation is morally analogous to not saving the drowning child.
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Singerâs Weak Principle
If itâs in our power to prevent something very bad from happening withut sacrificing anything morally significant, we ought, morally, to do it
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Thomson Abortion Thesis
Even if we assume that the fetus has a right to life, abortion will still be permissible in some cases because the motherâs right to bodily autonomy outweighs the fetusâ right to life
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World-Famous Violinist
* Verdict: No obligation to remain plugged in * Because you didnât consent to allow the violinist to be plugged into your body, you have no responsibility to keep him alive, and itâs permissible to unplug * Pregnancy in cases of rape
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Rapidly Growing Child
* Verdict: Permissible to kill the child to save your own life * If your life is endangered you have a right to defend yourself and kill the person to save yourself * When the motherâs life is in danger
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People-Seeds
* Verdict: No obligation to take care of the people-seed * If youâve taken every reasonable precaution to prevent life from being created, you have no responsibility to take care of it * Perfect use of birth control
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Objections to Thomson
* Her cases involve strangers rather than kin * She ignores the distinction between killing and letting die * Her cases donât extend to the most common types of abortion * There are other cases (e.g. blizzard, hemophiliac case) where the childâs right to life seems to take precedence
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Rachelâs Pain Argument
1. It is wrong to cause sentient creatures pain without adequate justification. 2. Eating factory-farmed meat causes livestock an enormous amount of pain. 3. The small amount of additional joy we get from eating meat is not sufficient justification for this pain.Â
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Principle of Equal Consideration of Interests
If two creatures, X and Y, have similar interests at stake, those interests should be given equal moral weight.
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Froweâs Main Thesis
It is permissible for soldiers fighting a just war to deliberately target enemy civilians when doing so serves a legitimate military purpose
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Indirectness Objection
Objection to Frowe: Civilians arenât liable to be killed, because their contribution to the war effort is too indirect
* Response: the contributions of many in the military are indirect (e.g. commanders at enemy HQ -â indirectness doesnât make you immune to defensive killing)
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Small Contribution Objection
Objection to Frowe: Civilians arenât liable to be killed, because their contribution to the war effort is so small
* If 10,000 people each contribute $1 to hire a hitman to kill you â even though each individualâs contribution to the threat is small, it would still be permissible to kill them, if necessary, to save your life (even small contributions to an unjust threat make you liable to defensive killing)
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Metaethics
The study of the nature of moral language, moral facts and moral knowledge
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Moral Realism
1. Moral claims make assertions of fact 2. Moral truths are objective or mind-independent 3. At least some moral claims are true
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Argument for Moral Realism
* Torturing innocent children for fun is wrong * We want to say that itâs a mind-independent fact that this claim is true * Only realism will allow us to say this - every other metaethical view will be forced to say something implausible
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Occult Properties Objection
Objection to Moral Realism:
* Moral facts and properties are totally unlike any other sort of fact in the universe * They canât be observed, scientifically tested, or verified * They donât seem to be made out of matter or located in physical space * Moral facts seem occult or unnatural
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Occult Faculties Objection
Objection to Moral Realism:
* Our moral beliefs seem to be produced by some mysterious faculty of moral intuition * If moral facts are mind-independent, itâs not clear how our moral intuitins could give us reliable access to them
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Relativity Objection
Objection to Moral Realism:
* The world contains a wide array of different cultures with different moral codes * It seems arrogant or intolerant to think thereâs one uniquely correct moral system * But, if thereâs no uniquely correct moral code, there canât be objective facts about right and wrong
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The Error Theory
Human beings think morality is real, but itâs not, so our moral beliefs are systematically mistaken. Morality is an evolved illusion, put into our heads by natural selection to make us better cooperators
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Moral Relativism
* Agree with the realist that moral claims make assertions of fact and that some moral claims are true * But assert that moral facts are subjective or mind dependent, created by human beings
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Subjectivism
A moral claim is true for a persn, if and only if, itâs endoresed by the moral code she accepts
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Cultural Relativism
A moral claim is true for a person if, and only if, itâs endorsed by the moral code her culture accepts
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The Hitler Problem
Objection to moral relativism:
* Hitlerâs actions were endorsed by the moral code of his society, so if CR is correct, Hitlerâs actions would be morally right. But Hitlerâs actions were evil, so CR must be mistaken.
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The Moral Innovators Problem
Objection to moral relativism:
* CR implies that any new moral idea not yet accepted by society is automatically false. But new moral ideas often turn out to be true, so CR must be false.
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The Moral Disagreement Problem
Objection to moral relativism:
* It seems as though people from different cultures often have deep moral disagreements. But CR says this is an illusion--when you seem to disagree with other culture, youâre actually both right. CR requires us to believe, implausibly, that moral disagreements between cultures are never real
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Wongâs Pluralistic Relativism
There are some objective constraints on what moral codes we can adopt, but there are still many legitimate moral codes within those constraints:
1. Moral codes must be consistent with human nature 2. Moral codes must fulfill the central function of morality, promoting cooperation 3. Moral codes canât be based on false factual beliefs
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Non-Cognitivism
Moral claims donât make assertions of fact, so theyâre neither true nor false. Rather, should be understood as disguised expression of emotion (wrong = âboo!â, right = âyay!â
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Frege-Geach Problem
Objection to Non-Cognitivism:
* NC struggles as an account of moral language, especially when moral claims are embedded in more complex grammatical structures (e.g. âwe need to talk about whether bribery is wrong; if itâs wrong to break your promises, then itâs wrong for Charlie to break his promisesâ) â NC seems to misunderstand how moral language works