Hoskins’s New Benefit-Fairness Theory of Punishment

Criminal Law and Philosophy 13 (1):49-61 (2019)
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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.

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Are there any natural rights?H. L. A. Hart - 1955 - Philosophical Review 64 (2):175-191.
The Concept of Law.Stuart M. Brown - 1963 - Philosophical Review 72 (2):250.
Persons and Punishment.Herbert Morris - 1968 - The Monist 52 (4):475-501.
Marxism and retribution.Jeffrie G. Murphy - 1973 - Philosophy and Public Affairs 2 (3):217-243.
Moral Principles and Political Obligations.Diana T. Meyers - 1981 - Philosophical Review 90 (3):472.

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