Graduate studies at Western
Criminal Law and Philosophy 5 (1):53-71 (2011)
|Abstract||This paper attempts to establish that, and explain why, the practice of punishing offenders is in principle morally permissible. My account is a nonstandard version of the fair play view, according to which punishment's permissibility derives from reciprocal obligations shared by members of a political community, understood as a mutually beneficial, cooperative venture. Most fair play views portray punishment as an appropriate means of removing the unfair advantage an offender gains relative to law-abiding members of the community. Such views struggle, however, to provide a plausible account of this unfairly gained benefit. By contrast, on my account punishment's permissibility follows more straightforwardly from the fair play view of political obligation: Specifically, the rule instituting punishment is itself among those rules with which members of the political community are obliged to comply. For criminal offenders, compliance requires submitting to the prospect of punishment|
|Keywords||punishment fair play political obligatioin|
|Categories||categorize this paper)|
|Through your library||Configure|
Similar books and articles
Richard Dagger (2008). Punishment as Fair Play. Res Publica 14 (4):259-275.
Shawn J. Bayern, The Significance of Private Burdens and Lost Benefits for a Fair-Play Analysis of Punishment.
Matt K. Stichter (2010). Rescuing Fair-Play as a Justification for Punishment. Res Publica 16 (1):73-81.
Antony Duff (2008). The Incompleteness of 'Punishment as Fair Play': A Response to Dagger. Res Publica 14 (4):277-281.
Jonathan Hecht (2011). Fair Play: Resolving the Crito - Apology Problem. History of Political Thought 32 (4):543-564.
Zachary Hoskins (2011). ''Deterrent Punishment and Respect for Persons''. Ohio State Journal of Criminal Law 8 (2):369-384.
Philip Soper (2002). The Ethics of Deference: Learning From Law's Morals. Cambridge University Press.
Anthony Ellis (1997). Punishment and the Principle of Fair Play. Utilitas 9 (01):81-.
Kevin Magill (1998). The Idea of a Justification for Punishment. Critical Review Of International Social And Political Philosophy 1 (1):86-101.
Corey Brettschneider (2007). The Rights of the Guilty. Political Theory 35 (2):175-199.
Zachary Hoskins (2013). ''Punishment, Contempt, and the Prospect of Moral Reform''. Criminal Justice Ethics 32 (1):1-18.
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.
David Wood (2010). Punishment: Consequentialism. Philosophy Compass 5 (6):455-469.
Francisco Javier López Frías (2012). The Psycho-Biological Bases of Sports Supporters' Behaviour: The Virtuous Supporter. Sport, Ethics and Philosophy 6 (4):423-438.
Added to index2010-09-13
Total downloads22 ( #62,705 of 739,317 )
Recent downloads (6 months)1 ( #61,243 of 739,317 )
How can I increase my downloads?