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The Ongoing Revolution in Punishment Theory: Doing Justice as Controlling Crime

24 Pages Posted: 23 Oct 2009 Last revised: 13 Mar 2011

Paul H. Robinson

University of Pennsylvania Law School

Date Written: March 11, 2011

Abstract

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.

Keywords: punishment theory, distributive principle for criminal liability and punishment, deterrence, incapacitation of the dangerous, rehabilitation, empirical desert, deontological desert, Model Penal Code

Suggested Citation

Robinson, Paul H., The Ongoing Revolution in Punishment Theory: Doing Justice as Controlling Crime (March 11, 2011). Arizona State Law Journal, Vol. 42, pp. 1089, 2010; U of Penn Law School, Public Law Research Paper No. 09-32. Available at SSRN: https://ssrn.com/abstract=1492779

Paul H. Robinson (Contact Author)

University of Pennsylvania Law School ( email )

3501 Sansom Street
Philadelphia, PA 19104
United States

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