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

Antony Duff

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7 Scopus citations


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.

Original languageEnglish (US)
Pages (from-to)277-281
Number of pages5
JournalRes Publica
Issue number4
StatePublished - Dec 1 2008


  • Criminal punishment
  • Dagger
  • Fair play theory
  • Mala in se and mala prohibita


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