Hypocrisy, Inconsistency, and the Moral Standing of the State

Hypocrisy, Inconsistency, and the Moral Standing of the State Criminal Law, Philosophy https://doi.org/10.1007/s11572-018-9472-y ORIGINAL PAPER Hypocrisy, Inconsistency, and the Moral Standing of the State Kyle G. Fritz © Springer Nature B.V. 2018 Abstract Several writers have argued that the state lacks the moral standing to hold socially deprived offenders responsible for their crimes because the state would be hypocritical in doing so. Yet the state is not disposed to make an unfair exception of itself for committing the same sorts of crimes as socially deprived offenders, so it is unclear that the state is truly hypocritical. Nevertheless, the state is disposed to inconsistently hold its citizens responsible, blaming or punishing socially deprived offenders more often or more harshly than other offenders, even when the crimes are the same. The state’s stable disposition to inconsistently hold offenders respon - sible undermines its standing to hold offenders responsible for the same reasons that hypocrisy undermines standing; instead of making an unfair exception of itself, the state makes an unfair exception of others. Strikingly, this means that the state lacks the standing to hold anyone responsible for a crime for which it is unfairly disposed to hold citizens responsible inconsistently, not just socially deprived offenders. Thus, it is even more urgent that the state regain its moral http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png Criminal Law and Philosophy Springer Journals

Hypocrisy, Inconsistency, and the Moral Standing of the State

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Publisher
Springer Journals
Copyright
Copyright © 2018 by Springer Nature B.V.
Subject
Law; Theories of Law, Philosophy of Law, Legal History; Philosophy of Law; Criminal Law; Ethics
ISSN
1871-9791
eISSN
1871-9805
D.O.I.
10.1007/s11572-018-9472-y
Publisher site
See Article on Publisher Site

Abstract

Criminal Law, Philosophy https://doi.org/10.1007/s11572-018-9472-y ORIGINAL PAPER Hypocrisy, Inconsistency, and the Moral Standing of the State Kyle G. Fritz © Springer Nature B.V. 2018 Abstract Several writers have argued that the state lacks the moral standing to hold socially deprived offenders responsible for their crimes because the state would be hypocritical in doing so. Yet the state is not disposed to make an unfair exception of itself for committing the same sorts of crimes as socially deprived offenders, so it is unclear that the state is truly hypocritical. Nevertheless, the state is disposed to inconsistently hold its citizens responsible, blaming or punishing socially deprived offenders more often or more harshly than other offenders, even when the crimes are the same. The state’s stable disposition to inconsistently hold offenders respon - sible undermines its standing to hold offenders responsible for the same reasons that hypocrisy undermines standing; instead of making an unfair exception of itself, the state makes an unfair exception of others. Strikingly, this means that the state lacks the standing to hold anyone responsible for a crime for which it is unfairly disposed to hold citizens responsible inconsistently, not just socially deprived offenders. Thus, it is even more urgent that the state regain its moral

Journal

Criminal Law and PhilosophySpringer Journals

Published: Jun 5, 2018

References

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