Abstract |
Herbert Morris's "fair-play" account of retributivism explains punishment as an attempt to restore a fair balance between burdens and benefits. Benefits accrue unfairly to offenders from their crimes, and punishment imposes corresponding burdens. Because of the necessary interval between crime and punishment, however, events following an offender's crime may restore a fair balance between burdens and benefits before the state can effect punishment. This article explores the implications of such events on the justice of punishment under a fairness-based theory. More specifically, this article considers several classes of situations in which an offender's position has changed since the occurrence of a crime such that punishment may be unjust. These situations fall into two broad categories: (1) those in which the offender has suffered a burden as a result of the crime from a source other than punishment by the state, and (2) those in which an offender does not retain any "benefit" from her crime at the time punishment would be imposed. Punishment in either of these situations may be unjust under an account that depends on a comparison between benefits from crime and burdens from punishment.
|
Keywords | No keywords specified (fix it) |
Categories | (categorize this paper) |
Options |
![]() ![]() ![]() ![]() |
Download options
References found in this work BETA
No references found.
Citations of this work BETA
Similar books and articles
Adam Smith and the Theory of Punishment.Richard Stalley - 2012 - Journal of Scottish Philosophy 10 (1):69-89.
Fair Play, Political Obligation, and Punishment.Zachary Hoskins - 2011 - Criminal Law and Philosophy 5 (1):53-71.
The Incompleteness of 'Punishment as Fair Play': A Response to Dagger.Antony Duff - 2008 - Res Publica 14 (4):277-281.
Rescuing Fair-Play as a Justification for Punishment.Matt K. Stichter - 2010 - Res Publica 16 (1):73-81.
Analytics
Added to PP index
2009-03-01
Total views
18 ( #604,867 of 2,497,799 )
Recent downloads (6 months)
1 ( #428,301 of 2,497,799 )
2009-03-01
Total views
18 ( #604,867 of 2,497,799 )
Recent downloads (6 months)
1 ( #428,301 of 2,497,799 )
How can I increase my downloads?
Downloads