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Punishment as fair play

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

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  1. Punishment, Communication, and Community.R. A. Duff - 2001 - Oup Usa.
    Part of the Studies in Crime and Public Policy series, this book, written by one of the top philosophers of punishment, examines the main trends in penal theorizing over the past three decades. Duff asks what can justify criminal punishment, and then explores the legitimacy of actual practices by examining what would count as adequate justification for them. Duff argues that a "communicative conception of punishment," which he presents as a third way between consequentialist and retributive theories, offers the most (...)
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  • Persons and Punishment.Herbert Morris - 1968 - The Monist 52 (4):475-501.
    Alfredo Traps in Durrenmatt’s tale discovers that he has brought off, all by himself, a murder involving considerable ingenuity. The mock prosecutor in the tale demands the death penalty “as reward for a crime that merits admiration, astonishment, and respect.” Traps is deeply moved; indeed, he is exhilarated, and the whole of his life becomes more heroic, and, ironically, more precious. His defense attorney proceeds to argue that Traps was not only innocent but incapable of guilt, “a victim of the (...)
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  • (1 other version)Legal moralism and retribution revisited.Jeffrie G. Murphy - 2007 - Criminal Law and Philosophy 1 (1):5-20.
    This is a slightly revised text of Jeffrie G. Murphy’s Presidential Address delivered to the American Philosophical Association, Pacific Division, in March 2006. In the essay the author reconsiders two positions he had previously defended—the liberal attack on legal moralism and robust versions of the retributive theory of punishment—and now finds these positions much more vulnerable to legitimate attack than he had previously realized. In the first part of the essay, he argues that the use of Mill’s liberal harm principle (...)
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  • Legal obligation and the duty of fair play.John Rawls - 1964 - In Sidney Hook (ed.), Law and philosophy. [New York]: New York University Press.
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  • Justice and punishment: the rationale of coercion.Matt Matravers - 2000 - New York: Oxford University Press.
    This book aims to answer the question of why, and by what right, some people punish others. With a groundbreaking new theory, Matravers argues that the justification of punishment must be embedded in a larger political and moral theory. He also uses the problem of punishment to undermine contemporary accounts of justice.
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  • Role obligations.Michael O. Hardimon - 1994 - Journal of Philosophy 91 (7):333-363.
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  • Are there any natural rights?H. L. A. Hart - 1955 - Philosophical Review 64 (2):175-191.
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  • (2 other versions)Desert.George Sher - 1991 - Ethics 101 (2):409-411.
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  • Trials and Punishments.R. A. Duff - 1986 - Cambridge University Press.
    How can a system of criminal punishment be justified? In particular can it be justified if the moral demand that we respect each other as autonomous moral agents is taken seriously? Traditional attempts to justify punishment as a deterrent or as retribution fail, but Duff suggests that punishment can be understood as a communicative attempt to bring a wrong-doer to repent her crime. This account is supported by discussions of moral blame, of penance, of the nature of the law's demands, (...)
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  • The Problem of Punishment.David Boonin - 2008 - Cambridge University Press.
    In this book, David Boonin examines the problem of punishment, and particularly the problem of explaining why it is morally permissible for the state to treat those who break the law in ways that would be wrong to treat those who do not? Boonin argues that there is no satisfactory solution to this problem and that the practice of legal punishment should therefore be abolished. Providing a detailed account of the nature of punishment and the problems that it generates, he (...)
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  • Law’s Empire.Ronald Dworkin - 1986 - Harvard University Press.
    In this reprint of Law's Empire,Ronald Dworkin reflects on the nature of the law, its given authority, its application in democracy, the prominent role of interpretation in judgement, and the relations of lawmakers and lawgivers to the community on whose behalf they pronounce. For that community, Law's Empire provides a judicious and coherent introduction to the place of law in our lives.Previously Published by Harper Collins. Reprinted (1998) by Hart Publishing.
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  • Playing fair with punishment.Richard Dagger - 1993 - Ethics 103 (3):473-488.
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  • Punishment and societal defense.Phillip Montague - 1983 - Criminal Justice Ethics 2 (1):30-36.
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  • (2 other versions)[Book review] approximate justice, studies in non-ideal theory. [REVIEW]Mark Peacock - 1999 - Ethics 109 (3):675-678.
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  • (1 other version)Desert.George Sher - 1987 - Princeton University Press.
    "--Jeffrie Murphy, The Philosophical Review (forthcoming).
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  • (1 other version)Three Mistakes about Retributivism.Jeffrie G. Murphy - 1971 - Analysis 31 (5):166 - 169.
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  • (1 other version)Three mistakes about retributivism.Jeffrie G. Murphy - 1971 - Analysis 31 (5):166-169.
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  • (1 other version)Punishment as Societal Defense.George Sher - 1999 - Philosophical and Phenomenological Research 59 (2):548-550.
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  • Retributivism, moral education, and the liberal state.Jeffrie G. Murphy - 1985 - Criminal Justice Ethics 4 (1):3-11.
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  • Punishment, communication and community.Antony Duff - 2002 - In Derek Matravers & Jonathan E. Pike (eds.), Debates in Contemporary Political Philosophy: An Anthology. New York: Routledge.
    The question "What can justify criminal punishment ?" becomes especially insistent at times, like our own, of penal crisis, when serious doubts are raised not only about the justice or efficacy of particular modes of punishment, but about the very legitimacy of the whole penal system. Recent theorizing about punishment offers a variety of answers to that question-answers that try to make plausible sense of the idea that punishment is justified as being deserved for past crimes; answers that try to (...)
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  • (2 other versions)Desert.George Sher - 1989 - Ethics 99 (2):426-428.
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  • Punishment, Communication, and Community.R. A. Duff - 2003 - Philosophical Quarterly 53 (211):310-313.
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  • (1 other version)Trials and Punishments.R. Duff - 1989 - Tijdschrift Voor Filosofie 51 (4):727-728.
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