Abstract

http://ssrn.com/abstract=2480670
 


 



Penal Modernism in Theory and Practice


Darryl K. Brown


University of Virginia School of Law

August 1, 2014

Virginia Public Law and Legal Theory Research Paper No. 2014-42

Abstract:     
This paper develops three observations triggered by Whitman's account of penal modernism; all relate to criminal law in the context of American politics and criminal justice. One suggests why "judicial conscience," which Whitman describes as playing a central role in penal modernism, may be more problematic in the U.S. than Europe. The second speculates that certain barriers to penal modernism in U.S. political and legal culture are less significant than they seem. Finally, I question the extent to which retributivism displaced penal modernism and suggest a lesson this may hold about criminal law theory in the political and policymaking arena.

Number of Pages in PDF File: 8

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Date posted: August 16, 2014  

Suggested Citation

Brown, Darryl K., Penal Modernism in Theory and Practice (August 1, 2014). Virginia Public Law and Legal Theory Research Paper No. 2014-42. Available at SSRN: http://ssrn.com/abstract=2480670

Contact Information

Darryl K. Brown (Contact Author)
University of Virginia School of Law ( email )
580 Massie Road
Charlottesville, VA 22903
United States

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