The incompleteness of 'punishment as fair play': A response to dagger

Res Publica 14 (4):277-281 (2008)
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Abstract

Richard Dagger (in this issue) provides perhaps the most persuasive version of a ‘fair play’ theory of criminal punishment, grounded in an attractive liberal republican political theory. But, I argue, his version of the theory still faces serious objections: that its explanation of why some central mala in se are properly criminalised is still distorting, despite his appeal to the burdens of ‘general compliance’; and that it cannot adequately explain (as it should explain) the differential seriousness and wrongfulness of different kinds of crime.

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Citations of this work

Punishment, Fair Play and the Burdens of Citizenship.Piero Moraro - 2019 - Law and Philosophy 38 (3):289-311.
Fairness-Based Retributivism Reconsidered.Göran Duus-Otterström - 2017 - Criminal Law and Philosophy 11 (3):481-498.
Hoskins’s New Benefit-Fairness Theory of Punishment.Peter Chau - 2019 - Criminal Law and Philosophy 13 (1):49-61.

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References found in this work

Punishment, Communication, and Community.R. A. Duff - 2003 - Philosophical Quarterly 53 (211):310-313.
Punishment, Communication and Community.Antony Duff - 2003 - In Derek Matravers & Jonathan E. Pike (eds.), Debates in Contemporary Political Philosophy: An Anthology. Routledge, in Association with the Open University.
Beyond the Harm Principle.Arthur Ripstein - 2006 - Philosophy and Public Affairs 34 (3):215-245.

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