Hoskins’s New Benefit-Fairness Theory of Punishment
Criminal Law and Philosophy 13 (1):49-61 (2019)
Abstract
The benefit-fairness theory of punishment, which is one of the most prominent retributive justifications of punishment, appeals to some benefits received by an offender in explaining why it is fair to impose punitive burdens on him. However, many see the two traditional versions of the theory, found in the works by writers such as Herbert Morris, Jeffrie Murphy, and George Sher, as being susceptible to fatal objections. In a recent paper, “Fairness, Political Obligation, and Punishment,” Zachary Hoskins offers a new version of the benefit-fairness theory of punishment. I will highlight his original contribution by showing how his version of the benefit-fairness theory of punishment is different from the traditional versions in such a way that the main objections applying to the traditional versions do not apply to his account. Nonetheless, despite its many virtues, I will argue that Hoskins’s theory fails because it would entail disproportionate punishment.Author's Profile
My notes
Similar books and articles
The significance of private burdens and lost benefits for a fair-play analysis of punishment.Shawn J. Bayern - unknown
Fairness-Based Retributivism Reconsidered.Göran Duus-Otterström - 2017 - Criminal Law and Philosophy 11 (3):481-498.
''Deterrent Punishment and Respect for Persons''.Zachary Hoskins - 2011 - Ohio State Journal of Criminal Law 8 (2):369-384.
Fair Play, Political Obligation, and Punishment.Zachary Hoskins - 2011 - Criminal Law and Philosophy 5 (1):53-71.
The Complexity of the Concepts of Punishment.H. J. McGloskey - 1962 - Philosophy 37 (142):307 - 325.
Should we punish a remorseful offender? Punishment within a theory of symbolic restoration.Tine0 Vandendriessche - 2014 - South African Journal of Philosophy 33 (2):113-119.
Kant's Mature Theory of Punishment, and a First Critique Ideal Abolitionist Alternative.Benjamin Vilhauer - forthcoming - In Matthew Altman (ed.), Palgrave Kant Handbook.
Analytics
Added to PP
2018-03-18
Downloads
18 (#614,987)
6 months
1 (#451,971)
2018-03-18
Downloads
18 (#614,987)
6 months
1 (#451,971)
Historical graph of downloads
Author's Profile
References found in this work
Moral Principles and Political Obligations.Diana T. Meyers - 1981 - Philosophical Review 90 (3):472.