Retributive Punishment — Ideals and Actualities

1991 ◽  
Vol 25 (3-4) ◽  
pp. 422-451 ◽  
Author(s):  
Antony Duff
Keyword(s):  
The Other ◽  
Sufficient Condition ◽  
Criminal Punishment ◽  
Contingent Fact ◽  
Other Hand ◽  
Retributive Punishment ◽  
Justification Of Punishment

A consequentialist holds that systems of criminal punishment must be justified, if they can be justified at all, by their consequential benefits. It is a contingent fact, if it is a fact at all, that these benefits are most efficiently attained by a system of punishment, and by punishments which ordinary moralists would regard as just; and a thorough-going consequentialist must be ready in principle to justify punishments which many would condemn as unjust. A retributivist, on the other hand, insists that the justice of a system or instance of punishment is essential to its justification; and that the demands of justice cannot be reduced to those of consequential utility.Retributivist accounts of punishment come in a variety of forms: we must distinguish those who insist only that guilt is a necessary, not a sufficient, condition of justified punishment from those who insist that punishment must be fully justified by reference to a past offence; and amongst the latter we find various accounts of how it is that an offence justifies or requires punishment. But essential to any retributivist account is the claim that an adequate justification of punishment must cite not, or not only, its consequential benefits, but its relationship to a past offence: it is a non-consequentialist requirement of justice that punishment must be of an offender, for an offence; that only the guilty may be punished, and that the severity of their punishments should be limited, if not completely determined, by the seriousness of the offences for which they are punished.

3. Crime and punishment

2019 ◽  
pp. 48-69
Author(s):  
Massimo Renzo
Keyword(s):  
Moral Theory ◽  
Political Community ◽  
The Other ◽  
The Political ◽  
Criminal Punishment ◽  
Crime And Punishment ◽  
Other Hand ◽  
Justification Of Punishment ◽  
Do So

This chapter focuses on crime and punishment. Punishment involves the imposition of hardship or suffering on a supposed offender for a supposed crime, by a person or body who claims the authority to do so. Criminal punishment is problematic in at least three respects: it harms those who are punished; it also harms, indirectly, their families and friends; and it imposes significant costs on the rest of the political community. There are two strategies for the justification of punishment: instrumental and non-instrumental justifications. The instrumental strategy has been traditionally pursued by endorsing some version of consequentialism, the moral theory according to which the rightness or wrongness of a given conduct, practice, or rule depends only on its consequences. Non-instrumental justifications, on the other hand, have been traditionally defended by retributivist theories, according to which, wrongdoers deserve to suffer in proportion to the gravity of the wrong they have committed.

Orthogonal Fractional Factorial Plans

1980 ◽  
Vol 29 (3-4) ◽  
pp. 143-160 ◽  
Author(s):  
Rahul Mukerjee
Keyword(s):  
Broad Class ◽  
Existence Results ◽  
Fractional Factorial ◽  
The Other ◽  
Sufficient Condition ◽  
Necessary And Sufficient Condition ◽  
Equal Frequency ◽  
Other Hand ◽  
Necessary And Sufficient ◽  
Generally True

This paper shows that the criterion of proportional frequency for (unblocked) orthogonal fractional factorial plans, as suggested by some previous authors, is not generally true. On the other hand, the criterion of equal frequency has been established as a necessary and sufficient condition in the general case. Some other properties of orthogonal fractional factorial plans have been investigated. A necessary and sufficient condition for designs involving two or more blocks has also been presented. A broad class of non-existence results follow.

Leibniz on Apperception and Animal Souls

Dialogue ◽  
1994 ◽  
Vol 33 (4) ◽  
pp. 701-724 ◽  
Author(s):  
Murray Miles
Keyword(s):  
The Other ◽  
Necessary Condition ◽  
Sufficient Condition ◽  
Human Beings ◽  
Mental Processes ◽  
Other Hand ◽  
Forms Of Life ◽  
The One

InLeibniz: Perception, Apperception, and Thought, Robert McRae alleges a flat “contradiction” (McRae 1976, p. 30) at the heart of Leibniz's doctrine of three grades of monads: bare entelechies characterized by perception; animal souls capable both of perception and of sensation; and rational souls, minds or spirits endowed not only with capacities for perception and sensation but also with consciousness of self or what Leibniz calls (introducing a new term of art into the vocabulary of philosophy) “apperception.” Apperception is a necessary condition of those distinctively human mental processes associated with understanding and with reason. Insofar as it is also a sufficient condition of rationality, it is not ascribable to animals. But apperception is a necessary condition of sensation or feeling as well; and animals are capable of sensation, according to Leibniz, who decisively rejected the Cartesian doctrine that beasts are nothing but material automata. “On the one hand,” writes McRae, “what distinguishes animals from lower forms of life is sensation or feeling, but on the other hand apperception is a necessary condition of sensation, and apperception distinguishes human beings from animals” (McRae 1976, p. 30). “We are thus left with an unresolved inconsistency in Leibniz's account of sensation, so far as sensation is attributable both to men and animals” (ibid., p. 34).

Degree spectra of relations on computable structures in the presence of Δ20 isomorphisms

2002 ◽  
Vol 67 (2) ◽  
pp. 697-720 ◽  
Author(s):  
Denis R. Hirschfeldt
Keyword(s):  
Point Of View ◽  
The Other ◽  
Computable Structure ◽  
Sufficient Condition ◽  
Computable Structures ◽  
Linear Orderings ◽  
Degree Spectra ◽  
Other Hand ◽  
Infinite Degree ◽  
Degree Spectrum

AbstractWe give some new examples of possible degree spectra of invariant relations on Δ20-categorical computable structures, which demonstrate that such spectra can be fairly complicated. On the other hand, we show that there are nontrivial restrictions on the sets of degrees that can be realized as degree spectra of such relations. In particular, we give a sufficient condition for a relation to have infinite degree spectrum that implies that every invariant computable relation on a Δ20-categorical computable structure is either intrinsically computable or has infinite degree spectrum. This condition also allows us to use the proof of a result of Moses [23] to establish the same result for computable relations on computable linear orderings.We also place our results in the context of the study of what types of degree-theoretic constructions can be carried out within the degree spectrum of a relation on a computable structure, given some restrictions on the relation or the structure. From this point of view we consider the cases of Δ20-categorical structures, linear orderings, and 1-decidable structures, in the last case using the proof of a result of Ash and Nerode [3] to extend results of Harizanov [14].

scholarly journals COARSE AMENABILITY AND DISCRETENESS

2015 ◽  
Vol 100 (1) ◽  
pp. 65-77 ◽  
Author(s):  
JERZY DYDAK
Keyword(s):  
The Other ◽  
Asymptotic Dimension ◽  
Sufficient Condition ◽  
Necessary And Sufficient Condition ◽  
Property A ◽  
Main Concept ◽  
Other Hand ◽  
Necessary And Sufficient ◽  
Decomposition Complexity

This paper is devoted to dualization of paracompactness to the coarse category via the concept of $R$-disjointness. Property A of Yu can be seen as a coarse variant of amenability via partitions of unity and leads to a dualization of paracompactness via partitions of unity. On the other hand, finite decomposition complexity of Guentner, Tessera, and Yu and straight finite decomposition complexity of Dranishnikov and Zarichnyi employ $R$-disjointness as the main concept. We generalize both concepts to that of countable asymptotic dimension and our main result shows that it is a subclass of spaces with Property A. In addition, it gives a necessary and sufficient condition for spaces of countable asymptotic dimension to be of finite asymptotic dimension.

Some Properties of Extractable Codes and Insertable Codes

2016 ◽  
Vol 27 (03) ◽  
pp. 327-342
Author(s):  
Yoshiyuki Kunimochi
Keyword(s):  
The Other ◽  
Sufficient Condition ◽  
Necessary And Sufficient Condition ◽  
Other Hand ◽  
Uniform Code ◽  
Necessary And Sufficient

This paper deals with insertability and mainly extractablity of codes. A code C is called insertable (or extractable) if the free submonoid C* generated by C satisfies if z, [Formula: see text] implies [Formula: see text] (or z, [Formula: see text] implies [Formula: see text]). We show that a finite insertable code is a full uniform code. On the other hand there are many finite extractable codes which are not full uniform codes. We cannot still characterize the structures of infinite extractable codes. Here we give some results on the class of infix extractable codes. First, we consider a necessary and sufficient condition whether a given infix code C is extractable or not by using the syntactic graph of the code. Secondly, we investigate the extractability for the families of other related bifix codes. We newly define the bifix codes, called e(m)-codes and [Formula: see text]-codes, and refer to the extractability of them.

scholarly journals Constitutional basis of commensuration and proportionality of criminal punishment

2021 ◽  
Vol 2021 (3) ◽  
pp. 73-81
Author(s):  
Ol'ga Guzeeva
Keyword(s):  
Russian Federation ◽  
Criminal Law ◽  
Criminal Responsibility ◽  
The Other ◽  
Constitutional Court ◽  
Criminal Punishment ◽  
Other Hand ◽  
The Russian Federation ◽  
The One ◽  
Law Regulation

In the matter of concretizing the constitutional basis of criminal law regulation, the task of building a system of criminal punishments and the rules for their appointment that is adequate to the constitutional basis is of great importance. In its decisions, the Constitutional Court of the Russian Federation formulated a number of legal positions, which, on the one hand, confirm the already existing criminal law decisions, and on the other hand, act as a fundamental guidance for all subsequent decisions, serve as a criterion for checking the constitutionality of criminal law regulations. Based on the generalization and analysis of the practice of the Constitutional Court of the Russian Federation, the article presents the main requirements, the observance of which is intended to ensure the commensuration and proportionality of criminal punishment as a means of limiting the rights of a person who has committed a crime. Among these requirements, priority is given to: the prohibition of cruel, inhuman and degrading forms of punishment; limiting the punitive treatment on the person who committed the crime, exclusively within the framework of criminal responsibility; differentiation of criminal punishment and the rules for its appointment while observing the principle of legal equality; commensuration and proportionality of the punishment established by law and imposed by the court on the grounds for the application of measures of criminal responsibility; potential and real ability of punishment to ensure the achievement of the goals of criminal law impact.

scholarly journals FREELY QUASICONFORMAL MAPS AND DISTANCE RATIO METRIC

2014 ◽  
Vol 97 (3) ◽  
pp. 383-390 ◽  
Author(s):  
YAXIANG LI ◽  
SAMINATHAN PONNUSAMY ◽  
MATTI VUORINEN
Keyword(s):  
Banach Spaces ◽  
The Other ◽  
Sufficient Condition ◽  
Necessary And Sufficient Condition ◽  
Quasiconformal Maps ◽  
Distance Ratio ◽  
Other Hand ◽  
Necessary And Sufficient

AbstractSuppose that $\def \xmlpi #1{}\def \mathsfbi #1{\boldsymbol {\mathsf {#1}}}\let \le =\leqslant \let \leq =\leqslant \let \ge =\geqslant \let \geq =\geqslant \def \Pr {\mathit {Pr}}\def \Fr {\mathit {Fr}}\def \Rey {\mathit {Re}}E$ and $E'$ denote real Banach spaces with dimension at least 2 and that $D\subset E$ and $D'\subset E'$ are domains. Let $\varphi :[0,\infty )\to [0,\infty )$ be a homeomorphism with $\varphi (t)\geq t$. We say that a homeomorphism $f: D\to D'$ is $\varphi $-FQC if for every subdomain $D_1 \subset D$, we have $\varphi ^{-1} (k_D(x,y))\leq k_{D'} (f(x),f(y))\leq \varphi (k_D(x,y))$ holds for all $x,y\in D_1$. In this paper, we establish, in terms of the $j_D$ metric, a necessary and sufficient condition for a homeomorphism $f: E \to E'$ to be FQC. Moreover, we give, in terms of the $j_D$ metric, a sufficient condition for a homeomorphism $f: D\to D'$ to be FQC. On the other hand, we show that this condition is not necessary.

scholarly journals A Theorem on Finite Generation of a Ring

1966 ◽  
Vol 27 (1) ◽  
pp. 193-205 ◽  
Author(s):  
Masayoshi Nagata
Keyword(s):  
Sufficient Conditions ◽  
The Other ◽  
Sufficient Condition ◽  
Finite Generation ◽  
Counter Example ◽  
Other Hand ◽  
The One

The fourteenth problem of Hilbert asked finite generation of a certain class of rings and had a counter-example (cf. [4]). On the other hand, many mathematicians gave various sufficient conditions for finite generation of such rings (see, for instance, [9], [5] and [8]). The purpose of the present paper is to give a new sufficient condition. The class of rings to be treated is much more general than those treated before, except for the one in [8].

scholarly journals Mutual Contradiction of Two Self-Consistent Abstractions

1966 ◽  
Vol 28 ◽  
pp. 59-61 ◽  
Author(s):  
Katuzi Ono
Keyword(s):  
The Other ◽  
Sufficient Condition ◽  
Restricted Class ◽  
Simple Criterion ◽  
Other Hand ◽  
Self Consistent

A vast class of abstractions are proved self-contradictory by Russell-type paradoxes in the sense that the negation of any one of them can be proved tautologically. On the other hand, there are a vast class of abstractions, each being self-consistent. A simple criterion for abstractions to be self-consistent (a sufficient condition) can be given. However, even a fairly restricted class of abstractions, each satisfying the criterion to be self-consistent, may contradict to each other.

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