TY - JOUR
T1 - The incompleteness of 'punishment as fair play'
T2 - A response to dagger
AU - Duff, Antony
PY - 2008/12
Y1 - 2008/12
N2 - 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.
AB - 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.
KW - Criminal punishment
KW - Dagger
KW - Fair play theory
KW - Mala in se and mala prohibita
UR - http://www.scopus.com/inward/record.url?scp=57349192893&partnerID=8YFLogxK
UR - http://www.scopus.com/inward/citedby.url?scp=57349192893&partnerID=8YFLogxK
U2 - 10.1007/s11158-008-9072-0
DO - 10.1007/s11158-008-9072-0
M3 - Article
AN - SCOPUS:57349192893
SN - 1356-4765
VL - 14
SP - 277
EP - 281
JO - Res Publica
JF - Res Publica
IS - 4
ER -