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Article: Hoskins’s New Benefit-Fairness Theory of Punishment
Title | Hoskins’s New Benefit-Fairness Theory of Punishment |
---|---|
Authors | |
Keywords | Fair play Justification of punishment Retributivism Zachary Hoskins |
Issue Date | 2018 |
Publisher | Springer Verlag Dordrecht. |
Citation | Criminal Law and Philosophy, 2018, v. 13 n. 1, p. 49-61 How to Cite? |
Abstract | The benefit-fairness theory of punishment (sometimes referred to simply as the “fairness” theory of punishment), which is one of the most prominent retributive justifications of punishment, appeals to some benefits received by an offender in explaining why it is fair to impose punitive burdens on him. However, many see the two traditional versions of the theory, found in the works by writers such as Herbert Morris, Jeffrie Murphy, and George Sher, as being susceptible to fatal objections. In a recent paper, “Fairness, Political Obligation, and Punishment,” Zachary Hoskins offers a new version of the benefit-fairness theory of punishment. I will highlight his original contribution by showing how his version of the benefit-fairness theory of punishment is different from the traditional versions in such a way that the main objections applying to the traditional versions do not apply to his account. Nonetheless, despite its many virtues, I will argue that Hoskins’s theory fails because it would entail disproportionate punishment. |
Persistent Identifier | http://hdl.handle.net/10722/262340 |
ISSN | 2023 Impact Factor: 0.7 2023 SCImago Journal Rankings: 0.258 |
ISI Accession Number ID |
DC Field | Value | Language |
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dc.contributor.author | Chau, SC | - |
dc.date.accessioned | 2018-09-28T04:57:37Z | - |
dc.date.available | 2018-09-28T04:57:37Z | - |
dc.date.issued | 2018 | - |
dc.identifier.citation | Criminal Law and Philosophy, 2018, v. 13 n. 1, p. 49-61 | - |
dc.identifier.issn | 1871-9791 | - |
dc.identifier.uri | http://hdl.handle.net/10722/262340 | - |
dc.description.abstract | The benefit-fairness theory of punishment (sometimes referred to simply as the “fairness” theory of punishment), which is one of the most prominent retributive justifications of punishment, appeals to some benefits received by an offender in explaining why it is fair to impose punitive burdens on him. However, many see the two traditional versions of the theory, found in the works by writers such as Herbert Morris, Jeffrie Murphy, and George Sher, as being susceptible to fatal objections. In a recent paper, “Fairness, Political Obligation, and Punishment,” Zachary Hoskins offers a new version of the benefit-fairness theory of punishment. I will highlight his original contribution by showing how his version of the benefit-fairness theory of punishment is different from the traditional versions in such a way that the main objections applying to the traditional versions do not apply to his account. Nonetheless, despite its many virtues, I will argue that Hoskins’s theory fails because it would entail disproportionate punishment. | - |
dc.language | eng | - |
dc.publisher | Springer Verlag Dordrecht. | - |
dc.relation.ispartof | Criminal Law and Philosophy | - |
dc.rights | The final publication is available at Springer via http://dx.doi.org/[insert DOI] | - |
dc.subject | Fair play | - |
dc.subject | Justification of punishment | - |
dc.subject | Retributivism | - |
dc.subject | Zachary Hoskins | - |
dc.title | Hoskins’s New Benefit-Fairness Theory of Punishment | - |
dc.type | Article | - |
dc.identifier.email | Chau, SC: pscchau@hku.hk | - |
dc.identifier.authority | Chau, SC=rp01529 | - |
dc.description.nature | link_to_subscribed_fulltext | - |
dc.identifier.doi | 10.1007/s11572-018-9458-9 | - |
dc.identifier.scopus | eid_2-s2.0-85044066678 | - |
dc.identifier.hkuros | 293209 | - |
dc.identifier.volume | 13 | - |
dc.identifier.issue | 1 | - |
dc.identifier.spage | 49 | - |
dc.identifier.epage | 61 | - |
dc.identifier.isi | WOS:000464843100003 | - |
dc.publisher.place | Netherlands | - |
dc.identifier.issnl | 1871-9791 | - |