Playing Fair

Author:

Dagger Richard

Abstract

Is there a general obligation to obey the laws of a reasonably just polity? Is there any justification for imposing suffering, in the form of punishment, on those who break the law? Political and legal philosophers have long debated these vexing questions, but the debates typically have taken up each question in isolation. Playing Fair, however, treats the two questions as intertwined and provides affirmative answers to both—answers grounded, in both cases, in the principle of fair play. According to this principle, those who are engaged in a mutually beneficial cooperative practice or enterprise have a duty to the cooperating participants to bear a fair share of the burdens of the practice. Applied to the political order, the principle holds that a reasonably just polity is a cooperative enterprise whose members receive benefits from the rule of law only because other members obey the law even when they find obedience burdensome. The members of a reasonably just polity thus have a political obligation, understood as a defeasible moral duty to obey the law, to one another. Those who break the laws fail to fulfill this obligation, and their failure justifies the law-abiding members, acting through the proper authorities, in punishing the lawbreakers. Rather than two separate problems, then, political obligation and punishment are two aspects of the same fundamental concern for sustaining a polity that its members can reasonably regard as a cooperative enterprise under the rule of law.

Publisher

Oxford University Press

Cited by 13 articles. 订阅此论文施引文献 订阅此论文施引文献,注册后可以免费订阅5篇论文的施引文献,订阅后可以查看论文全部施引文献

1. Is Belief in Political Obligation Ideological?;Res Publica;2023-10-16

2. No Country For ‘Bad’ Men: Volatile Citizenship and the Emerging Features Of Global Neo-colonial Penality;The British Journal of Criminology;2023-01-24

3. Fair Play Theories of Punishment;The Palgrave Handbook on the Philosophy of Punishment;2023

4. Justice: Retributive;Encyclopedia of the Philosophy of Law and Social Philosophy;2023

5. Content Independence and Political Obligation: Scope Limitations of Content-Independent Moral Reasons;Political Studies;2022-11-02

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