Punishing Fairly

Author(s):  
Richard Dagger

Philosophers tend to think of the problem of punishment as being the problem of demonstrating that it is or can be justified. Settling the question of whether punishment is justified as a practice, however, does not answer the practical questions of when and how punishment is justified in particular cases, nor does it tell us whether some other response to lawbreaking is preferable or complementary to punishment. There are, in fact, a variety of problems associated with punishment, and I attend to four of them in this chapter in order to demonstrate the reach and power of fair-play theory. Two of them—the problems of excessive incarceration and of voting rights for felons—are much-discussed matters in recent years. The other two—the problems of assessing punishment for recidivists and of what role restitution should play in the sentencing of offenders—are also matters of both practical and philosophical interest.

Author(s):  
Richard Dagger

This book aims to develop a unified theory of political obligation and the justification of punishment that takes its bearings from the principle of fair play. Much has been written on each of these subjects, of course, including numerous essays in recent years that approach one or the other topic in fair-play terms. However, there has been no sustained effort to link the two in a fair-play theory of political obligation and punishment. This book undertakes such an effort. This introduction explains why such a theory is an attractive possibility and how the argument for it unfolds in the succeeding chapters.


Philosophies ◽  
2021 ◽  
Vol 6 (1) ◽  
pp. 5
Author(s):  
S. J. Blodgett-Ford

The phenomenon and ethics of “voting” will be explored in the context of human enhancements. “Voting” will be examined for enhanced humans with moderate and extreme enhancements. Existing patterns of discrimination in voting around the globe could continue substantially “as is” for those with moderate enhancements. For extreme enhancements, voting rights could be challenged if the very humanity of the enhanced was in doubt. Humans who were not enhanced could also be disenfranchised if certain enhancements become prevalent. Voting will be examined using a theory of engagement articulated by Professor Sophie Loidolt that emphasizes the importance of legitimization and justification by “facing the appeal of the other” to determine what is “right” from a phenomenological first-person perspective. Seeking inspiration from the Universal Declaration of Human Rights (UDHR) of 1948, voting rights and responsibilities will be re-framed from a foundational working hypothesis that all enhanced and non-enhanced humans should have a right to vote directly. Representative voting will be considered as an admittedly imperfect alternative or additional option. The framework in which voting occurs, as well as the processes, temporal cadence, and role of voting, requires the participation from as diverse a group of humans as possible. Voting rights delivered by fiat to enhanced or non-enhanced humans who were excluded from participation in the design and ratification of the governance structure is not legitimate. Applying and extending Loidolt’s framework, we must recognize the urgency that demands the impossible, with openness to that universality in progress (or universality to come) that keeps being constituted from the outside.


Author(s):  
Richard Dagger

Chapter 6 turns from the explication and defense of legal punishment as a general practice to the task of developing and defending the fair-play theory of punishment in particular. As developed by Herbert Morris and others, the theory holds that punishment is justified, ceteris paribus, because law breakers try to enjoy the benefits of a legal system without bearing its burdens, thereby taking unfair advantage of those who obey the laws. I elaborate this account by drawing out the connection between legal systems and cooperative practices, arguing that the analogy between fair play in a game and fair play in a polity, or legal system, is not simply misguided. I then respond to five serious objections that critics have leveled against fair play as an account of punishment. I conclude by considering the gentler complaint that fair play is too narrow to provide a satisfactory justification for legal punishment.


2020 ◽  
Vol 2 (1) ◽  
pp. 88-93
Author(s):  
Satrio Fajar Imansyah ◽  
Ike Atikah Ratnamulyani ◽  
Koesworo Setiawan

Regional Election (Pilkada) has been held since 2005, both at the Provincial and Regency/City levels. Election implementation is regulated based on the principle of direct, general, free, confidential, honest and fair, in attracting the sympathy of the people the candidates develop a campaign model through Personal Branding. This concept emphasizes how prospective leaders can influence the people as voters to be willing to give their voting rights. The purpose of this study was to analyze the Personal Branding of a pair of candidates for the Mayor of Bogor City in 2018. The approach in this study was a qualitative research with descriptive analysis method. The results of the study are the personal branding conducted by each pair of candidates either directly or through the media turned out to have a lot of effects especially for millennial voters, but the candidate pair of Mayor of Bogor who did the most personal branding was only the candidate pair of Bogor Mayor elected, while the other pairs of Bogor mayor candidates still tend to use traditional patterns so that it is natural for the elected candidate pairs to win the hearts of voters.


2007 ◽  
Vol 5 (1) ◽  
pp. 322-331 ◽  
Author(s):  
Domingo Javier Santana-Martin ◽  
Inmaculada Aguiar-Diaz

In this paper we analyse the structure of ownership in non-financial Spanish listed companies in the period 1996-2002, focussing on the control chain methodology. The results obtained show that the main shareholder’s control threshold stands at about 29% of the voting rights and that in 2002 families were the ultimate owners in 52.7% of the firms. On the other hand, the use of pyramid structures continues to increase. In 2002, 29.1% of the companies were controlled in this way, which means that the ratio of voting rights to cash flow rights for this year was 0.89


2019 ◽  
pp. 89-108
Author(s):  
Piotr Kędzia

The operations of the Łódź Sports Club in the interwar period are an important part of the history of sport in the city of Łódź, as well as Poland. The Club’s prestige and successes should be chiefly attributed to the athletes’ and the coaches’ commitment, coupled with the activists’ organisational skills. A historical analysis of the Club’s operations indicates that, in addition to training athletes in various disciplines, the establishment was also involved in a wide range of impressive cultural and educational activities. These centred on organising reading rooms, talks, lectures, social meetings and trips as well as promoting patriotic values and the idea of fair play. Hence, the Club’s educational work was channelled into axiological models of sports competition on the one hand, and into propagating education and culture on the other.


Author(s):  
Allen C. Guelzo

The Radical Republicans arrived in Washington for the opening of Congress on December 4, 1865 with two major weapons in their hands: one was the party caucus and the other was the lopsided majorities Republicans had won in the House and Senate. ‘Alienation, December 1865–1867’ outlines how the Republican juggernaut would produce, over the next seven months, a flurry of legislation, speeches, and reports designed to dissolve the self-reconstructed governments, extend voting rights to the freedmen by national authority, and reach over Johnson’s hands to seize the reins of Reconstruction for Congress. Despite Johnson vetoing legislation, Congress over-rode these vetoes; presidential-style reconstruction was dead.


Author(s):  
Richard Dagger

Proponents of the fair-play theory of political obligation face challenges not only from those who reject or discount the possibility of political obligations, such as philosophical anarchists, but also from the advocates of competing theories of political obligation. This chapter supports the case for fair-play theory by demonstrating its superiority to its three principal rivals among such theories. Those three rival theories are grounded in either consent, association, or natural duty. All three have their attractions, but they are also vulnerable to serious objections. Their attractions, moreover, often derive from an implicit reliance on considerations of fair play.


2016 ◽  
Vol 44 (3) ◽  
pp. 295-325 ◽  
Author(s):  
Mattia Thibault

The aim of the article is to introduce an approach to play based on semiotics of culture and, in particular, grounded in the works and ideas of Juri Lotman. On the one hand, it provides an overview of Lotman’s works dedicated to play and games, starting from his article on art among other modelling systems, in which the phenomenon of play is treated deeply, and mentioning Lotman’s articles dedicated to various forms of play forms, such as involving dolls and playing cards. On the other hand, it applies a few Lotmanian theories and ideas to playfulness in order to shed some light on this highly debated, as well as intriguing, anthropic activity. Thus, the paper approaches some of the core questions for a play theory, such as the definition of play, the cultural role of toys and playthings, the importance of unpredictability, the position held by playfulness in the semiosphere and, finally, the differences and commonalities between play and art. Lotman’s theories and works, often integrated by other existing semiotic or ludologic perspectives offer an extremely insightful and fresh take on play and illustrate the great heuristic potential of semiotics of culture.


2000 ◽  
Vol 24 (2) ◽  
pp. 415-421
Author(s):  
J. Morgan Kousser

Colorblind Injustice largely derives from my workas an expert witness in federal voting rights cases. A vignette from one particularly important case, Garza v.Los Angeles County Board of Supervisors(1990), and a relatively brief summary may give those who have not yet read the book both a feel for its scope and a sense of how the issues it deals with impact real people.At an international historical conference in the mid-1980s, I met a young Russian historian, Sergei Stankevich, who specialized in America and who had read and liked some of my work. In the last few years of the Soviet Union, Sergei’s political career took off, and his fluent English and keen insights into both countries won him the attention of U.S. and Soviet media. In late 1989, when Sergei was brought to Los Angeles for the first showing of an American television documentary that prominently featured him, he called me from a Beverly Hills hotel and invited me for a drinkth e next day. But because I was working on the Garza case and had scheduled an all-day appointment to give a deposition before a lawyer in Century City (which is where people work who can afford to live in Beverly Hills), I regretfully declined, saying, ‘‘I’m sorry, Sergei, but I’m being deposed tomorrow.” There was a long pause on the other end of the line.


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