8 Pages Posted: 19 Apr 2010 Last revised: 2 Feb 2011
Date Written: April 19, 2010
Recent work reveals, contrary to wide-spread assumptions, remarkably high levels of agreement about how to rank order, by blameworthiness, wrongs that involve physical harms, takings of property, or deception in exchanges. In The Origins of Shared Intuitions of Justice (http://ssrn.com/abstract=952726) we proposed a new explanation for these unexpectedly high levels of agreement.
Elsewhere in this issue, Professors Braman, Kahan, and Hoffman offer a critique of our views, to which we reply here. Our reply clarifies a number of important issues, such as the interconnected roles that culture, variation, and evolutionary processes play in generating intuitions of punishment.
Keywords: Crime, Criminal Law, Punishment, Core Wrongs, Justice, Intuitions of Justice, Culture, Evolution, Evolutionary Analysis in Law
Suggested Citation: Suggested Citation
Jones, Owen D. and Kurzban, Robert, Intuitions of Punishment (April 19, 2010). Chicago Law Review, Vol. 77, p. 1633, 2010; Vanderbilt Public Law Research Paper No. 10-18. Available at SSRN: https://ssrn.com/abstract=1592413