Collateral legal consequences attached to criminal convictions (CLCs) are often criticised because they expose criminal offenders to various forms of harmful and/or wrongful treatment. In this article, we argue that CLCs are problematic because they undermine the power to punish, a distinct normative power that allows the relevant powerholders to directly change the offender's normative situation. The article identifies important features of the power to punish construed as the normative ability that judges should hold in liberal polities. In particular, we examine how CLCs undermine two of the features – viz., robustness and attributability – that are central to the non-deficient functioning of the normative power to punish. Acknowledging the implausibility of a forthcoming demise of CLCs, we conclude with an outline of non-ideal proposals that would marginally mitigate the unwarranted effects that CLCs have on the exercise of the normative power to punish.
{"title":"Collateral Legal Consequences and the Power to Punish","authors":"Andrei Poama, Milena Tripkovic","doi":"10.1111/japp.12716","DOIUrl":"https://doi.org/10.1111/japp.12716","url":null,"abstract":"Collateral legal consequences attached to criminal convictions (CLCs) are often criticised because they expose criminal offenders to various forms of harmful and/or wrongful treatment. In this article, we argue that CLCs are problematic because they undermine the power to punish, a distinct normative power that allows the relevant powerholders to directly change the offender's normative situation. The article identifies important features of the power to punish construed as the normative ability that judges should hold in liberal polities. In particular, we examine how CLCs undermine two of the features – <i>viz.</i>, robustness and attributability – that are central to the non-deficient functioning of the normative power to punish. Acknowledging the implausibility of a forthcoming demise of CLCs, we conclude with an outline of non-ideal proposals that would marginally mitigate the unwarranted effects that CLCs have on the exercise of the normative power to punish.","PeriodicalId":47057,"journal":{"name":"Journal of Applied Philosophy","volume":null,"pages":null},"PeriodicalIF":1.1,"publicationDate":"2024-02-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139902043","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":2,"RegionCategory":"哲学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Conservatism: The Fight for a Tradition. Edmund Fawcett, 2020. Princeton, Princeton University Press. 525 + xiii pp, £30 (hb) £18.99 (pb)","authors":"Richard Mullender","doi":"10.1111/japp.12714","DOIUrl":"10.1111/japp.12714","url":null,"abstract":"","PeriodicalId":47057,"journal":{"name":"Journal of Applied Philosophy","volume":null,"pages":null},"PeriodicalIF":1.1,"publicationDate":"2024-01-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140487013","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":2,"RegionCategory":"哲学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
How should we respond to historical figures who played an important role in their country's history but have also perpetrated acts of great evil? Much of the existing philosophical literature on this topic has focused on explaining why it may be wrong to celebrate such figures. However, a common response that is made in popular discussions around these issues is that we should not judge historical figures by today's standards. Our goal in this article is to examine the most plausible way to understand this objection. We will examine three different interpretations of this argument. First, we will examine a view we call Temporal Moral Relativism, according to which moral standards are relative to particular points in time. Next, we outline Blame Relativism, the view that people from the past may be excused from blame for acts of conventionalised wrongdoing. Finally, we outline Ideals Relativism, according to which our moral ideals are partially relative to the time in which we live. We argue that Ideals Relativism provides the most plausible interpretation of this argument.
{"title":"It was a Different Time: Judging Historical Figures by Today's Moral Standards","authors":"Alfred Archer, Benjamin Matheson","doi":"10.1111/japp.12713","DOIUrl":"https://doi.org/10.1111/japp.12713","url":null,"abstract":"How should we respond to historical figures who played an important role in their country's history but have also perpetrated acts of great evil? Much of the existing philosophical literature on this topic has focused on explaining why it may be wrong to celebrate such figures. However, a common response that is made in popular discussions around these issues is that we should not judge historical figures by today's standards. Our goal in this article is to examine the most plausible way to understand this objection. We will examine three different interpretations of this argument. First, we will examine a view we call Temporal Moral Relativism, according to which moral standards are relative to particular points in time. Next, we outline Blame Relativism, the view that people from the past may be excused from blame for acts of conventionalised wrongdoing. Finally, we outline Ideals Relativism, according to which our moral ideals are partially relative to the time in which we live. We argue that Ideals Relativism provides the most plausible interpretation of this argument.","PeriodicalId":47057,"journal":{"name":"Journal of Applied Philosophy","volume":null,"pages":null},"PeriodicalIF":1.1,"publicationDate":"2024-01-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139585899","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":2,"RegionCategory":"哲学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}