Document Type

Article

Publication Date

6-2009

Publication Title

California Law Review

Publication Title (Abbreviation)

Cal. L. Rev.

Volume

97

First Page

943

Last Page

973

Abstract

This article considers the relevance of several kinds of post-offense events for the justice of punishment under a fair-play account of retributivism. If the justice of punishment depends on something like an offender-centered tally of benefits and burdens, it may be difficult to explain why offenders should be punished by a criminal justice system in situations where they have been punished privately or have lost the relevant benefits they may have received from their offenses.

My fault is past. But, O, what form of prayer
Can serve my turn? 'Forgive me my foul murder?
That cannot be; since I am still possess'd
Of those effects for which I did the murder,
My crown, mine own ambition and my queen.
May one be pardon'd and retain the offence?

-King Claudius, Hamlet, Act III, Sc. III

Rights

Copyright © 2009 California Law Review, Inc.

Comments

Originally published in the California Law Review vol. 97 (2009).

Faculty Biography

http://law.fsu.edu/our-faculty/profiles/bayern

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