Res Publica 14 (4):259-275 (2008)

This article defends the fair-play theory of legal punishment against three objections. The first, the irrelevance objection, is the long-standing complaint that fair play fails to capture what it is about crimes that makes criminals deserving of punishment ; the others are the recently raised false-equivalence and lacks-integration objections. In response, I sketch an account of fair-play theory that is grounded in a conception of the political order as a meta- cooperative practice—a conception that falls somewhere between contractual and communitarian conceptions—and draw on this account to show how the theory can overcome the objections
Keywords Communitarianism  Contractualism  Cooperative practice  Fair play  Justification  Punishment
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DOI 10.1007/s11158-008-9071-1
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References found in this work BETA

Law’s Empire.Ronald Dworkin - 1986 - Harvard University Press.
Are There Any Natural Rights?H. L. A. Hart - 1955 - Philosophical Review 64 (2):175-191.
The Problem of Punishment.David Boonin - 2008 - Cambridge University Press.
Persons and Punishment.Herbert Morris - 1968 - The Monist 52 (4):475-501.

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Citations of this work BETA

Punishment, Fair Play and the Burdens of Citizenship.Piero Moraro - 2019 - Law and Philosophy 38 (3):289-311.
Drug War Reparations.Jessica Flanigan & Christopher Freiman - 2020 - Res Philosophica 97 (2):141-168.
Fair Play, Political Obligation, and Punishment.Zachary Hoskins - 2011 - Criminal Law and Philosophy 5 (1):53-71.
Fairness-Based Retributivism Reconsidered.Göran Duus-Otterström - 2017 - Criminal Law and Philosophy 11 (3):481-498.
Rethinking the Principle of Fair Play.Justin Tosi - 2018 - Pacific Philosophical Quarterly 99 (4):612-631.

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