Mismeasuring “unfair advantage”: A response to Michael Davis [Book Review]

Law and Philosophy 13 (4):493 - 524 (1994)
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Abstract

One prominent contemporary retributivist theory is built on the notion that crime yields an “unfair advantage” over law-abiding citizens which punishment removes or nullifies. Michael Davis has defended this theory by constructing a market model of “unfair advantage” that he contends answers critics' objections to the retributivist enterprise. I seek to demonstrate the inadequacy of Davis's approach, arguing in particular that the market model rests on an incoherent notion of “demand” and would not, even if coherent, link “unfair advantage” to the seriousness of crimes in any acceptable fashion. The salience of traditional objections to retributivism is thus unaffected by Davis's theory.

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Citations of this work

Method in punishment theory.Michael Davis - 1996 - Law and Philosophy 15 (4):309 - 338.

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References found in this work

Persons and Punishment.Herbert Morris - 1968 - The Monist 52 (4):475-501.
Desert.George Sher - 1987 - Princeton University Press.
Desert.George Sher - 1987 - Princeton University Press.
Some thoughts about retributivism.David Dolinko - 1991 - Ethics 101 (3):537-559.

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