Res Publica 16 (2):101-118 (2010)

Authors
Michael Davis
Illinois Institute of Technology
Abstract
Those who commit crime on a grand scale, numbering their victims in the thousands, seem to pose a special problem both for consequentialist and for non-consequentialist theories of punishment, a problem the International Criminal Court makes practical. This paper argues that at least one non-consequentialist theory of punishment, the fairness theory, can provide a justification of punishment for great crimes. It does so by dividing the question into two parts, the one of proportion which it answers directly, and the other of ‘anchoring points’ which it assigns to a broader theory of enforcement (which may have a non-consequentialist or consequentialist version).
Keywords International criminal court  War crimes  Enforcement  Punishment  Crimes against humanity  Fairness theory  Retributivism
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DOI 10.1007/s11158-010-9109-z
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References found in this work BETA

Should the Numbers Count?John Taurek - 1977 - Philosophy and Public Affairs 6 (4):293-316.
Persons and Punishment.Herbert Morris - 1968 - The Monist 52 (4):475-501.
Punishment.J. D. Mabbott - 1939 - Mind 48 (190):152-167.

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