Criminal Law and Philosophy 5 (1):53-71 (2011)

Authors
Zachary Hoskins
Nottingham University
Abstract
This paper attempts to establish that, and explain why, the practice of punishing offenders is in principle morally permissible. My account is a nonstandard version of the fair play view, according to which punishment 's permissibility derives from reciprocal obligations shared by members of a political community, understood as a mutually beneficial, cooperative venture. Most fair play views portray punishment as an appropriate means of removing the unfair advantage an offender gains relative to law-abiding members of the community. Such views struggle, however, to provide a plausible account of this unfairly gained benefit. By contrast, on my account punishment 's permissibility follows more straightforwardly from the fair play view of political obligation: Specifically, the rule instituting punishment is itself among those rules with which members of the political community are obliged to comply. For criminal offenders, compliance requires submitting to the prospect of punishment
Keywords punishment  fair play  political obligatioin
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Reprint years 2011
DOI 10.1007/s11572-010-9103-8
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References found in this work BETA

The Concept of Law.Hla Hart - 1961 - Oxford University Press.
Are There Any Natural Rights?H. L. A. Hart - 1955 - Philosophical Review 64 (2):175-191.

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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.
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.
Fair-Play Obligations and Distributive Injustice.Göran Duus-Otterström - 2018 - European Journal of Political Theory 20 (2):147488511877862.

View all 9 citations / Add more citations

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