 This kind of account does indeed answer the two questions noted above. What the criminal deserves to suffer is the loss of her unfair advantage, and she deserves that because it is unfair that she should get away with taking the benefits of the law without accepting the burdens on which those benefits depend; it is the state’s job to inflict this suffering on her, because it is the author or guarantor of the criminal law. However, such accounts have internal difficulties: for instance, how are we to determine how great was the unfair advantage gained by a crime; how far are such measurements of unfair advantage likely to correlate with our judgements of the seriousness of crimes? (For a detailed defence of the ‘unfair advantage’ theory as a theory of sentencing, see M. Davis 1992, 1996; for criticism, see Scheid 1990, 1995; von Hirsch 1990.) Furthermore, they seem to misrepresent what it is about crime that makes it deserving of punishment: what makes murder, or rape, or theft, or assault a criminal wrong, deserving of punishment, is surely the wrongful harm that it does to the individual victim — not (as on this kind of account) the supposed unfair advantage that the criminal takes over all those who obey the law (for recent attempts to defend fair play retributivism against these objections, see Stichter 2010 and Duus-Otterström 2017).