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51.
Vincent Geeraets 《Criminal justice ethics》2018,37(1):21-35
This article identifies two mistakes commonly made about the concept of punishment. First, confusion exists about when an analysis of punishment counts as retributive, and when as justificatorily neutral. In particular, a fair number of legal scholars claim to analyze punishment in a neutral way, but closer inspection shows that many of these definitions are not justificatorily neutral. Second, legal scholars tend to analyze the concept of punishment very restrictively, with a focus on the intention of the legislator. While there may be good reasons to restrict the scope of the concept of punishment in the legal arena, from a philosophical point of view, restrictive analysis is not fruitful. It is a bad starting point for critical evaluation, because it is perfectly possible for impositions generally experienced as punitive not to be classified as such. This is all the more troublesome given that these impositions often contain fewer safeguards than are offered in criminal law and that there is sometimes a taboo on the language game related to punishment. I argue that these problems can be overcome by embracing an inclusive, justificatorily neutral concept of punishment that takes the outward appearance of the harm inflicted as its starting point. 相似文献
52.
John Rawls's theory, justice as fairness, constitutes an important alternative to a utilitarian theory of social justice. This essay addresses the relationship between utilitarian choice and the difference principle that is central to Rawls's theory. It argues that the difference principle, if applied to utility, is not supportable in the economic utilitarian framework. The Rawlsian result could be consistent with this framework if expressed with respect to income rather than utility. However, the argument in a utilitarian framework is ad hoc and not compelling. The paper presents conditions under which a utilitarian in an initial position, with some similarity to Rawls's original position, would choose the Rawlsian difference principle. The choices coincide only under the unrealistic assumption that redistribution entails no efficiency loss. 相似文献
53.
赵艳婷 《中共山西省委党校学报》2012,(4):108-111
贺麟从＂合人情＂视角出发提出了一种新功利主义取向,认为＂合人情＂有一个从非功利主义到新功利主义的发展过程。功利主义与非功利主义本就不是矛盾的双方,体现在＂合人情＂上则要求新时代的儒者应发自本心,不仅要独善其身,而且要以大多数人的幸福为旨归为人处事;不仅要自尊自爱,而且要尊重他人的人格和福利,最终实现＂为天地立心,为生民立命＂的宏愿。贺麟的＂合人情＂理念有助于引导人们正确处理个人与他人、社会的关系,树立理性的人生观;有助于维持社会正常秩序,营造良好社会风气,增强群体凝聚力。 相似文献
54.
西方道德文化在从前现代到现代的历史嬗变中，其理论范式和内涵都发生了深刻的变化。前现代的德性追求为现代的道德功利主义所代替，现代德性论在文化内涵上也出现了重大的变更。同时，现代道德危机与道德冲突日益凸显出道德文化现代性的尴尬境遇。 相似文献