Matt Stichter

The debate over whether ‘fair-play’ can serve as a justification for legal punishment has recently resumed with an exchange between Richard Dagger and Antony Duff. According to the fair-play theorist, criminals deserve punishment for breaking the law because in so doing the criminal upsets a fair distribution of benefits and burdens, and punishment rectifies this unfairness. Critics frequently level two charges against this idea. The first is that it often gives the wrong explanation of what makes crime deserving of punishment, since the wrongfulness of murder is not primarily about unfairness. The second is that it implies that all crimes deserve the same degree of punishment, because all crimes create the same degree of unfairness. These objections are viewed as revealing fatal flaws in the theory. Although Dagger attempts to meet these objections by drawing on political theory, Duff responds that this still draws upon the wrong kind of resources for meeting these objections. This paper argues that these two objections rest on a crucial mistake that has been overlooked by both the defenders and critics of fair-play. This mistake results from failing to distinguish between what justifies punishment as a response to crime (which requires a common element to all crime) and what justifies attaching particular penalties to crimes (which requires making distinctions in the severity of crime). The arguments presented will give reasons to consider fair-play as a viable justification for legal punishment.

Julia Annas is one of the few modern writers on virtue that has attempted to recover the ancient idea that virtues are similar to skills. In doing so, she is arguing for a particular account of virtue, one in which the intellectual structure of virtue is analogous to the intellectual structure of practical skills. The main benefit of this skill model of virtue is that it can ground a plausible account of the moral epistemology of virtue. This benefit, though, is only available to some accounts of virtue. Annas claims that Aristotle rejects this skill model of virtue, and so the model of virtues as a skill that Annas endorses for the modern virtue theory is Socratic. This paper argues that while Aristotle rejects the Socratic model of virtue as a skill, he does not reject the model of virtue as a skill altogether. Annas has mischaracterized Aristotle's position on the skill model, because she has not recognized that Aristotle endorses a different account of the structure of skill than the one put forth by Socrates. In addition, recent research on expertise provides an account of skills very much at odds with the description of skills offered by Annas, but similar to the account endorsed by Aristotle. Contrary to Annas, not only is the skill model of virtue compatible with a neo-Aristotelian account of virtue, but it also appears that basing a skill model of virtue on a Socratic account of virtue is likely to prove unsuccessful.

In death penalty debates, advocates on both sides have advanced a staggering number of arguments to defend their positions. Many of those arguments fail to support retaining or abolishing the death penalty, and often this is due to advocates pursuing a line of reasoning where the conclusion, even if correctly established, will not ultimately prove decisive. Many of these issues are also interconnected and shouldn’t be treated separately. The goal of this paper is to provide some clarity about which specific issues really determine whether the institution of capital punishment is morally permissible. The issues can be broadly grouped into three categories: substantive; procedural (comparative); and procedural (noncomparative). Substantive debates regard the inherent moral status of the death penalty, while procedural debates regard how the death penalty is applied in practice, with two types of injustice that can result. Substantive issues have the potential to be the most decisive, for if the death penalty is inherently immoral there’s no need to even raise procedural questions. However, it appears difficult for either side to make a clearly compelling argument on substantive grounds. In regards to the procedural arguments, the concerns of noncomparative justice lead to stronger arguments than the comparative concerns, for the irrevocable nature of the death penalty can play a role in the former but not the later. Overall, abolitionists have a clear advantage in this debate, as they only have to make their case on one of these fronts, while supporters must defend themselves on all three fronts.