If we want to provide a justification for legal punishment, then, we must answer two distinct questions: (1) What justifies punishment as a social practice? and (2) What justifies punishing particular persons? The principle of fair play is an especially attractive theory of punishment, I shall agree, because it offers plausible and compelling answers to both these questions. I shall also suggest that there is a third question - How should we punish those who commit crimes? - that fair play cannot answer without help from other sources
The author refers to the ethics of responsibility and the communicative approach to law and on that...
Most punishment theories acknowledge neither the full extent of the harms which punishment risks, no...
This paper is composed of two main sections: the first establishes the principles of punishment; the...
While much has been written on both political obligation and the justification of punishment, includ...
Although punishment has been a crucial feature of every legal system, widespread disagreement exists...
We maintain that conventional punishment theories obscure what is virtually always at the heart of p...
Oddness aside, however, I think there is much to recommend the attempt to restore rehabilitation to ...
The question of crime and punishment has been a subject of great controversy among moral philosopher...
What actions should be punished? Should plea-bargaining be allowed? How should sentencing be determi...
This article argues that the justification of punishment is best conceived as a problem of political...
This paper attempts to justify punishment on the grounds that it is a benefit to the person being pu...
I argue that there is no general justification, meaning a justification that holds across a broad ra...
It follows that if a legal system may fairly punish only a person who culpably violated the law, a p...
This Article sets out a comprehensive account of rational punishment theory and examines its implica...
This chapter rests on two assumptions, at least one of which is controversial. The first is that som...
The author refers to the ethics of responsibility and the communicative approach to law and on that...
Most punishment theories acknowledge neither the full extent of the harms which punishment risks, no...
This paper is composed of two main sections: the first establishes the principles of punishment; the...
While much has been written on both political obligation and the justification of punishment, includ...
Although punishment has been a crucial feature of every legal system, widespread disagreement exists...
We maintain that conventional punishment theories obscure what is virtually always at the heart of p...
Oddness aside, however, I think there is much to recommend the attempt to restore rehabilitation to ...
The question of crime and punishment has been a subject of great controversy among moral philosopher...
What actions should be punished? Should plea-bargaining be allowed? How should sentencing be determi...
This article argues that the justification of punishment is best conceived as a problem of political...
This paper attempts to justify punishment on the grounds that it is a benefit to the person being pu...
I argue that there is no general justification, meaning a justification that holds across a broad ra...
It follows that if a legal system may fairly punish only a person who culpably violated the law, a p...
This Article sets out a comprehensive account of rational punishment theory and examines its implica...
This chapter rests on two assumptions, at least one of which is controversial. The first is that som...
The author refers to the ethics of responsibility and the communicative approach to law and on that...
Most punishment theories acknowledge neither the full extent of the harms which punishment risks, no...
This paper is composed of two main sections: the first establishes the principles of punishment; the...