Intuitions of Punishment
Owen D. Jones
Vanderbilt University - Law School & Dept. of Biological Sciences
University of Pennsylvania - Department of Psychology
April 19, 2010
Chicago Law Review, Vol. 77, p. 1633, 2010
Vanderbilt Public Law Research Paper No. 10-18
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.
Number of Pages in PDF File: 8
Keywords: Crime, Criminal Law, Punishment, Core Wrongs, Justice, Intuitions of Justice, Culture, Evolution, Evolutionary Analysis in Law
Date posted: April 19, 2010 ; Last revised: February 2, 2011