The Ongoing Revolution in Punishment Theory: Doing Justice as Controlling Crime
Paul H. Robinson
University of Pennsylvania Law School
March 11, 2011
Arizona State Law Journal, Vol. 42, pp. 1089, 2010
U of Penn Law School, Public Law Research Paper No. 09-32
This lecture offers a broad review of current punishment theory debates and the alternative distributive principles for criminal liability and punishment that they suggest. This broader perspective attempts to explain in part the Model Penal Code's recent shift to reliance upon desert and accompanying limitation on the principles of deterrence, incapacitation, and rehabilitation.
Number of Pages in PDF File: 24
Keywords: punishment theory, distributive principle for criminal liability and punishment, deterrence, incapacitation of the dangerous, rehabilitation, empirical desert, deontological desert, Model Penal Code
Date posted: October 23, 2009 ; Last revised: March 13, 2011
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