Open Access. Powered by Scholars. Published by Universities.®
Social and Behavioral Sciences Commons™
Open Access. Powered by Scholars. Published by Universities.®
- Keyword
-
- Crime (2)
- Fair play (2)
- Punishment (2)
- Republicanism (2)
- Contractualist (1)
-
- Criminal law (1)
- Criminals (1)
- Criminology (1)
- Ethics (1)
- Fair-play theory (1)
- Herbert Morris (1)
- Jean Hampton (1)
- Law (1)
- Legal obligation (1)
- Moral justification (1)
- Morality (1)
- Persons and Punishment (1)
- Public wrong (1)
- Representative government (1)
- Republic (1)
- Republican (1)
- Republican theory (1)
- Republican tradition (1)
- Retribution (1)
- Rule of law (1)
- Self-governance (1)
- Social contract (1)
- Theory of Punishment (1)
Articles 1 - 4 of 4
Full-Text Articles in Social and Behavioral Sciences
Jean Hampton’S Theory Of Punishment: A Critical Appreciation, Richard Dagger
Jean Hampton’S Theory Of Punishment: A Critical Appreciation, Richard Dagger
Political Science Faculty Publications
Jean Hampton’s work first came to my attention in 1984, when the summer issue of Philosophy & Public Affairs appeared in my mailbox. Hampton’s essay in that issue, “The Moral Education Theory of Punishment,” did not persuade me—or many others, I suspect—that “punishment should not be justified as a deserved evil, but rather as an attempt, by someone who cares, to improve a wayward person” (Hampton 1984, 237). The essay did persuade me, though, that moral education is a plausible aim of punishment, even if it is not the “full and complete justification” Hampton claimed it to be (Hampton 1984, …
Republicanism, Richard Dagger
Republicanism, Richard Dagger
Political Science Faculty Publications
Republicanism is an ancient tradition of political thought that has enjoyed a remarkable revival in recent years. As with liberalism, conservatism, and other enduring political traditions, there is considerable disagreement as to exactly what republicanism is and who counts as a republican, whether in the ancient world or contemporary times. Scholars agree, however, that republicanism rests on the conviction that government is not the domain of some ruler or small set of rulers, but is instead a public matter - the res publica - to be directed by self-governing citizens.
Social Contracts, Fair Play, And The Justification Of Punishment, Richard Dagger
Social Contracts, Fair Play, And The Justification Of Punishment, Richard Dagger
Political Science Faculty Publications
In recent years, the counterintuitive claim that criminals consent to their own punishment has been revived by philosophers who attempt to ground the justification of punishment in some version of the social contract. In this paper, I examine three such attempts—“contractarian” essays by Christopher Morris and Claire Finkelstein and an essay by Corey Brettschneider from the rival “contractualist” camp—and I find all three unconvincing. Each attempt is plausible, I argue, but its plausibility derives not from the appeal to a social contract but from considerations of fair play. Rather than look to the social contract for a justification of punishment, …
Republicanism And The Foundations Of Criminal Law, Richard Dagger
Republicanism And The Foundations Of Criminal Law, Richard Dagger
Political Science Faculty Publications
This chapter makes a case for the republican tradition in political philosophy as a theory that can provide a rational reconstruction of criminal law. It argues that republicanism offers a reconstruction of criminal law that is both rational and plausible. In particular, it shows that republicanism can help us to make sense of three important features of criminal law: first, the conviction that crime is a public wrong; second, the general pattern of development of criminal law historically; and third, the public nature of criminal law as a cooperative enterprise. To begin, however, it explains what republicanism is and why …