Political Obligation, Punishment, and the Polity

Author(s):  
Richard Dagger

This chapter completes the argument for the fair-play theory of political obligation and punishment by taking up two final tasks. The first is to explain how the two aspects of this theory—that is, the one concerned with political obligation and the one that justifies legal punishment—stand in relation to each other. The claim is that this relationship is interlocking and mutually reinforcing. The second task is to fill out and sharpen the conception of the polity as a cooperative meta-practice that is central to the fair-play theory of political obligation and punishment. In doing so, I hope to show how the fair-play account provides practical guidance even in conditions that fall short of the ideal of a polity so conceived.

Author(s):  
Richard Dagger

Chapter 5 is the first of the three chapters of Playing Fair that make the case for fair play as the basis for a compelling justification of legal punishment. As it was with the discussion of political obligation, so it is necessary to begin this part of the book by clarifying key terms and confronting fundamental challenges to the enterprise of justifying punishment itself. The chapter thus begins with the questions of what is punishment and what are its proper aims. The latter question is usually answered by reference to retributivism and/or deterrence, and I try to place fair-play theory in this context by linking it to communicative theories of punishment while distinguishing it from Jean Hampton’s expressive version of retributivism. The chapter concludes with responses to those who would, for various reasons, abolish punishment altogether.


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.


2017 ◽  
Vol 14 (2) ◽  
pp. 134-141 ◽  
Author(s):  
Justin Tosi

In his paper “Fairness, Political Obligation, and the Justificatory Gap” (published in the Journal of Moral Philosophy), Jiafeng Zhu argues that the principle of fair play cannot require submission to the rules of a cooperative scheme, and that when such submission is required, the requirement is grounded in consent. I propose a better argument for the claim that fair play requires submission to the rules than the one Zhu considers. I also argue that Zhu’s attribution of consent to people commonly thought to be bound to follow the rules by a duty of fair play is implausible.


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.


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.


Author(s):  
Richard Dagger

This chapter defends the fair-play theory of political obligation and punishment by addressing two further challenges. According to the first challenge, recent revisions to the standard conception of political and legal authority lead to the conclusion that there is no general obligation to obey the law. On this standard account, to have political or legal authority is to have a right to rule, and those subject to authority have an obligation to obey the directives of those who have the right to rule. If this account is faulty, then the connection between political authority and political obligation is neither as straightforward nor as strong as the standard account assumes. According to the second challenge, the problem is not with authority but with what citizens owe to their polities. That is, citizens do have duties with regard to the law, but the weaker duties of respect or deference rather than an obligation to obey. This chapter responds to the first challenge by demonstrating the superiority of the standard account to the so-called service conception of authority and to the second by showing how appeals to respect or deference rely on a belief in political obligation.


Author(s):  
Richard Dagger

One aim of this chapter is to fill out the account of the fair-play theory of obligation sketched in previous chapters. In particular, I show how respect for the rule of law is an integral feature of fair-play theory. In most of the chapter, however, the elaboration proceeds by defending the theory against six important objections critics have lodged against it. One objection, raised memorably by Robert Nozick, would have us reject the principle of fair play altogether. The others allow that the principle is valuable and unobjectionable when confined to its proper sphere, but they insist that political obligation exceeds the boundaries of that sphere. In addition to defending the fair-play account against these objections, I also argue against those who believe that fair play is a necessary but insufficient element in a theory of political obligation that must be pluralistic if it is to be successful.


Author(s):  
Michael P. Lynch

This chapter argues that academic freedom is justified because it is an inherently epistemic practice that serves the ideals of democracy. With Dewey, it is argued that “The one thing that is inherent and essential [to the idea of a university] is the ideal of truth.” But far from being apolitical, the value of pursuing truth and knowledge—the value that justifies academic freedom, both within and without the public mind—is a fundamental democratic value, and for three reasons: the practices of academic inquiry exemplify rational inquiry of the kind needed for democratic deliberation; those practices serve to train students to pursue that kind of inquiry; and those practices are important engines of democratic dissent.


2021 ◽  
Vol 37 (01) ◽  
pp. 045-052
Author(s):  
Mario Bazanelli Junqueira Ferraz ◽  
Guilherme Constante Preis Sella

AbstractNasal dorsal preservation surgery was described more than 100 years ago, but recently has gained prominence. Our objective is to show the surgical technique, the main indications and counterindications, and the complications. It is a technique that does not cause the detachment of the upper lateral cartilage (ULC) from the nasal septum, and has the main following sequence: preparation of the septum and its resection can be at different levels (high or low, i.e., SPAR [septum pyramidal adjustment and repositioning] A or B); preparation of the pyramid; transversal osteotomy; lateral osteotomy(s); and septopyramidal adjustment. The result is a nose with a lower radix than the original, a deprojection of the nasal dorsum tending to maintain its original shape; an increase in the interalar distance (IAD) and enlargement of the nasal middle ⅓; and loss of projection of the nasal tip and roundness of the nostrils. Thus, the ideal candidate is the one who benefits from such side effects, that is: tension nose, that is, high radix with projected dorsum, projected anterior nasal septal angle (ANSA), narrow middle ⅓, narrow IAD, thin nostrils and straight perpendicular plate of the ethmoid (PPE), and, depending on the characteristics, the deviated nose. The counterindications are low radix, irregularities in the nasal dorsum, ANSA lower than rhinion, and a wide middle ⅓. And the main stigmas are: a nose with a very low radix, middle ⅓ enlarged, residual hump, and saddling of the supratip area. Other issues of this technique are: the shape of the radix; the need or not to remove PPE; wide dorsum; irregular dorsum; ANSA lower than rhinion; weak cartilages; long nasal bone; deviated PPE; and obsessive patient. We conclude that this is a great technique for noses with characteristics suitable to it; care must be taken with the stigmas it can cause.


2008 ◽  
Vol 10 (1) ◽  
pp. 22-27 ◽  
Author(s):  
Roch Plewik ◽  
Piotr Synowiec ◽  
Janusz Wójcik

Two-phase CFD simulation of the monodyspersed suspension hydraulic behaviour in the tank apparatus from a circulatory pipe The hydrodynamics in fluidized-bed crystallizers is studied by CFD method. The simulations were performed by a commercial packet of computational fluid dynamics Fluent 6.x. For the one-phase modelling (15), a standard k-ε model was applied. In the case of the two-phase flows the Eulerian multi-phase model with a standard k-ε method, aided by the k-ε dispersed model for viscosity, has been used respectively. The collected data put a new light on the suspension flow behaviour in the annular zone of the fluidised bed crystallizer. From the presented here CFD simulations, it clearly issues that the real hydraulic conditions in the fluidised bed crystallizers are far from the ideal ones.


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