Thomas Søbirk Petersen

The paper critically discusses a role-model argument (RMA) in favour of banning performance-enhancing drugs in sport. The argument concludes that athletes should be banned from using performance-enhancing drugs because if they are allowed to use such drugs they will encourage, or cause, youngsters who look up to them to use drugs in a way that would be harmful. In Section 2 the structure of the argument and some versions of it are presented. In Section 3 a critical discussion of RMA is presented. It is argued that we should be reluctant to accept the argument as it stands for at least three reasons: (i) it rests on an unsupported empirical claim; (ii) it also makes a false empirical claim; and (iii) the normative premise of the argument is too demanding morally. Further objections to the RMA are also discussed, but argued to be beside the point

About 80 % of all convicted have had a prior record of conviction. But how should the state punish repeat offenders (with a prior conviction) as compared with first-time offenders who are convicted? The law in all jurisdictions, a large swathe of public opinion, and the general trend within criminal justice ethics all seem to accept what we may call: Asymmetry A The punishment of repeat offenders should be harsher than the punishment of first-time offenders. This asymmetry is obviously just a rough structure. It leaves a lot of room for interpretation. Several retributivists have argued for progressive loss of mitigation (PLM). On this view, a first-time offender receives a discount on punishment that is gradually lost if he re-offends. When the discount is lost the offender receives the full punishment, and re-offending from that point on will be punished equally. However, recently some retributivists have argued in favour of a cumulative principle (CP) according to which an offender will progressively be punished more severely the more convictions he has accumulated. In sum, in the theoretical literature on the subject, Asymmetry A has been the mantra for several prominent retributivists. The aim of this paper is to point to an all but overlooked logical point in the discussion of punishment and recidivism. This is the point that it follows, from retributivism, that there is a reason - at least in some situations, as we shall see - to support what we may call: Asymmetry B The punishment of repeat offenders should be more lenient than the punishment of first-time offenders.