Dan Markel (Florida State University College of Law) has posted Making Punishment Safe for Democracy: A Reply to Professors Bowers, Cahill & Duff (Virginia Journal Criminal Law, Vol. 1, 2012) on SSRN. Here is the abstract:
Professors Josh Bowers, Michael Cahill, and Antony Duff have each penned subtle and thoughtful response essays to my article, Retributive Justice and the Demands of Democratic Citizenship (available at http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1930443).
In this essay, I try to offer some initial thoughts that I hope will adequately address their separate challenges and queries. With respect to the challenges they offer, I should say that, in a few places, I offer some concessions. In most others, however, I decline their invitations to reconsider my arguments about our moral obligations to conform to or to enforce what I call permissibly dumb but not illiberal laws. Comments on this draft are welcomed and invited.
Professor Bowers' essay can be found at: http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1945743
Professor Cahill's essay can be found at: http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1950660