The incompleteness of 'punishment as fair play': A response to dagger

Res Publica 14 (4):277-281 (2008)
Richard Dagger (in this issue) provides perhaps the most persuasive version of a ‘fair play’ theory of criminal punishment, grounded in an attractive liberal republican political theory. But, I argue, his version of the theory still faces serious objections: that its explanation of why some central mala in se are properly criminalised is still distorting, despite his appeal to the burdens of ‘general compliance’; and that it cannot adequately explain (as it should explain) the differential seriousness and wrongfulness of different kinds of crime.
Keywords Dagger  Criminal punishment  Fair play theory  Mala in se and mala prohibita
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DOI 10.1007/s11158-008-9072-0
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References found in this work BETA
Antony Duff (2003). Punishment, Communication and Community. In Derek Matravers & Jonathan E. Pike (eds.), Debates in Contemporary Political Philosophy: An Anthology. Routledge, in Association with the Open University
Arthur Ripstein (2006). Beyond the Harm Principle. Philosophy and Public Affairs 34 (3):215–245.

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