Abstract
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 language | English (US) |
|---|---|
| Pages (from-to) | 277-281 |
| Number of pages | 5 |
| Journal | Res Publica |
| Volume | 14 |
| Issue number | 4 |
| DOIs | |
| State | Published - Dec 2008 |
| Externally published | Yes |
Keywords
- Criminal punishment
- Dagger
- Fair play theory
- Mala in se and mala prohibita
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