Browsing by Subject "Punishment"

Now showing 1 - 8 of 8

Open Access
Must punishment be intended to cause suffering?
(2013) Wringe, B.
It has recently been suggested that the fact that punishment involves an intention to cause suffering undermines expressive justifications of punishment. I argue that while punishment must involve harsh treatment, harsh treatment need not involve an intention to cause suffering. Expressivists should adopt this conception of harsh treatment.
Open Access
Perp walks as punishment
(Kluwer Academic Publishers, 2015) Wringe, B.
When Dominique Strauss-Kahn, then head of the IMF, was arrested on charges of sexual assault arising from events that were alleged to have occurred during his stay in an up-market hotel in New York, a sizeable portion of French public opinion was outraged - not by the possibility that a well-connected and widely-admired politician had assaulted an immigrant hotel worker, but by the way in which the accused had been treated by the American authorities. I shall argue that in one relatively minor respect, Strauss-Kahn’s defenders were correct. They were correct to argue that the parading of Strauss-Kahn before the press, in handcuffs - the so-called perp walk - constituted a form of punishment; and thus that it contravened the principle that criminal punishments should only be administered after a fair trial. So-called ‘expressive’ theorists of punishment hold that a form of harsh treatment can only constitute a form of punishment if it has an expressive role. Within the expressive family, we can distinguish between views on which the primary target of the communication to be the society of which either offender, or victim, or both are members—what I call ‘Denunciatory Views’, and views which take the principle target of penal communication to be the offender—such as Antony Duff’s Communicative View. I shall argue that on both a minimal account of punishment and on either kind of expressive view, ‘perp walks’ are a form of punishment.
Open Access
Profile-encoding reconstruction for multiple-acquisition balanced steady-state free precession imaging
(John Wiley and Sons Inc., 2017) Ilicak, Efe; Senel, Lutfi Kerem; Biyik, Erdem; Çukur, Tolga
Purpose: The scan-efficiency in multiple-acquisition balanced steady-state free precession imaging can be maintained by accelerating and reconstructing each phase-cycled acquisition individually, but this strategy ignores correlated structural information among acquisitions. Here, an improved acceleration framework is proposed that jointly processes undersampled data across N phase cycles. Methods: Phase-cycled imaging is cast as a profile-encoding problem, modeling each image as an artifact-free image multiplied with a distinct balanced steady-state free precession profile. A profile-encoding reconstruction (PE-SSFP) is employed to recover missing data by enforcing joint sparsity and total-variation penalties across phase cycles. PE-SSFP is compared with individual compressed-sensing and parallel-imaging (ESPIRiT) reconstructions. Results: In the brain and the knee, PE-SSFP yields improved image quality compared to individual compressed-sensing and other tested methods particularly for higher N values. On average, PE-SSFP improves peak SNR by 3.8 ± 3.0 dB (mean ± s.e. across N = 2–8) and structural similarity by 1.4 ± 1.2% over individual compressed-sensing, and peak SNR by 5.6 ± 0.7 dB and structural similarity by 7.1 ± 0.5% over ESPIRiT. Conclusion: PE-SSFP attains improved image quality and preservation of high-spatial-frequency information at high acceleration factors, compared to conventional reconstructions. PE-SSFP is a promising technique for scan-efficient balanced steady-state free precession imaging with improved reliability against field inhomogeneity. Magn Reson Med 78:1316–1329, 2017.
Open Access
Punishment for violent crimes: aggression and violence in the early Germanic law codes
(2017-09) Ayaz, Fevzi Burhan
Germanic law codes, which are also known as leges barbarorum, date to between the 5th and 11th centuries. The leges were highly influenced by external legislative regulations and can be basically defined as a combination of Roman law, Germanic tribal laws and canon law. This thesis attempts to examine punishment for aggression and violent crimes in the early Germanic law codes. Violent crimes against another person such as murder, homicide, bodily harm, injury, abduction and rape in the leges barbarorum are analysed in a historical context and punishments for such felonies are investigated in a detailed manner. Specifically, certain issues became apparent due to various social, ethnic and sexual backgrounds of the barbarian people who were subjected to the leges barbarorum. Such matters are discussed in detail by going through each and every article that deals with the punishments for violent crimes. The other purpose of the thesis is to perceive the transformation and adaptation of the Germanic peoples to the new legal systems and to conceive the legal transition process of these newly established political entities using violent crimes base. Main discourse of the research project consists of different kind of studies and investigations as it comes into existence under the distinctive topics. In other words, primary goal of the project is not only to understand the compensation for aggression and violence in the barbarian leges, but also to analyse the differences between the leges barbarorum of the early Germanic societies in the cases of violent crimes and punishment.
Open Access
Punishment, jesters and judges: a response to Nathan Hanna
(Springer, 2019) Wringe, Bill
Nathan Hanna has recently argued against a position I defend in a 2013 paper in this journal and in my 2016 book on punishment, namely that we can punish someone without intending to harm them. In this discussion note I explain why two alleged counterexamples to my view put forward by Hanna are not in fact counterexamples to any view I hold, produce an example which shows that, if we accept a number of Hanna’s own assumptions, punishment does not require an intention to harm, and discuss whether a definition and counter-example approach is the best way to proceed in the philosophy of punishment. I conclude with a brief exegetical discussion of H.L.A Hart’s Prolegomenon to the Principles of Punishment.
Open Access
Rethinking expressive theories of punishment: why denunciation is a better bet than communication or pure expression
(Springer Netherlands, 2017) Wringe, B.
Many philosophers hold that punishment has an expressive dimension. Advocates of expressive theories have different views about what makes punishment expressive, what kinds of mental states and what kinds of claims are, or legitimately can be expressed in punishment, and to what kind of audience or recipients, if any, punishment might express whatever it expresses. I shall argue that in order to assess the plausibility of an expressivist approach to justifying punishment we need to pay careful attention to whether the things which punishment is supposed to express are aimed at an audience. For the ability of any version of expressivism to withstand two important challenges, which I call the harsh treatment challenge’ and the ‘publicity challenge’ respectively. will depend on the way it answers them. The first of these challenges has received considerable discussion in the literature on expressive theories of punishment; the second considerably less. This is unfortunate. For careful consideration of the publicity challenge should lead us to favor a version of the expressive theory which has been under-discussed: the view on which punishment has an intended audience, and on which the audience is society at large, rather than—as on the most popular version of that view—the criminal. Furthermore, this view turns out to be better equipped to meet the harsh treatment challenge, and to be so precisely because of the way in which it meets the publicity challenge. © 2016, Springer Science+Business Media Dordrecht.
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Türkiye’nin karanlık hatırası Ulucanlar Cezaevinin siyasi tarihi ve Türk kamuoyu aracılığıyla Türk ceza sistemine etkisi
(Bilkent University, 2023) Topalakcı, Arda; Doğan, Yiğit Ali; Malazgirtli, Nafiye; Öztürmen, Mihriban İdil; Şahin, Tuna
Ulucanlar Cezaevi, 1923 yılında askeri bir depo olarak inşa edilmiş bir kurum olup 1925’te bir cezaevi olarak kullanım görmeye başladı. 2004 yılına kadar hizmet veren bu kurum, uzun yıllar boyunca Türk toplumunu ve siyasetini çok farklı yönlerden etkiledi. Günümüzde idamların sıkça gerçekleştirildiği ve siyasi mahkûmların tutulduğu bir yer olarak bilinen Ulucanlar cezaevi tarihimizde karanlık ve en az bir o kadar da önemli bir yere sahiptir. Bu araştırmada, Ulucanlar Cezaevi ve Ulucanlar Cezaevinin tarihçesi ile ilgili belgelerden, raporlardan, kitaplardan ve Ulucanlar Cezaevi müzesinin müdürü Merve Bayıksel ile yapılan röportajdan yola çıkarak Ulucanlar Cezaevinin tarihi, Türk siyasetindeki yeri, cezaevinin koşullarını, Türk ceza sistemine ve kamuoyuna etkisi, günümüzde nasıl algılandığı ve Ulucanlar Cezaevinden çıkarabileceklerimiz anlatılmıştır. Türk tarihinin önemli bir bölümü faaliyet gösteren ve siyasi mücadele ve idamlar ile nam salan Ulucanlar Cezaevinin incelenmesi büyük önem arz etmektedir.
Open Access
War crimes and expressive theories of punishment: Communication or denunciation?
(Springer Netherlands, 2010) Wringe, B.
In a paper published in 2006, I argued that the best way of defending something like our current practices of punishing war criminals would be to base the justification of this practice on an expressive theory of punishment. I considered two forms that such a justification could take-a 'denunciatory' account, on which the purpose of punishment is supposed to communicate a commitment to certain kinds of standard to individuals other than the criminal and a 'communicative' account, on which the purpose of the punishment is to communicate with the perpetrator, and argued for a denunciatory account which I developed at some length. In this paper I would like to reconsider the plausibility of a communicative account. One difficulty that such accounts face is that the punishment of war criminals often involves the inflicting of harsh treatment on them by individuals who are members of states other than their own. On a communicative account this is problematic: on such an account-or at least on the version of it proposed by Duff (2000)-it is essential that those who are punish and those who punish them belong to a single community. When this requirement is not satisfied harsh treatment does not constitute punishment. Duff has argued that the problem can be solved by regarding all human beings as members of a single moral community: here I argue that this suggestion is unsatisfactory and propose an alternative. One consequence of my account is that if it is correct there may limitations on the range of kinds of war criminal that can legitimately be punished by international tribunals. © 2010 Springer Science+Business Media B.V.