Download this Paper Open PDF in Browser

The Punishment Jurist

Foundational Texts in Modern Criminal Law, Markus Dubber, ed., Oxford University Press (Forthcoming)

St. John's Legal Studies Research Paper No. 12-0023

23 Pages Posted: 30 Oct 2012  

Marc O. DeGirolami

St. John's University - School of Law

Date Written: October 29, 2012

Abstract

This is an essay on the critical history of the thought of the Victorian-era judge, Sir James Fitzjames Stephen. It discusses some of the themes in his major work, "The History of the Criminal Law of England." And it reflects on a cluster of questions involving criminal punishment: whether Stephen had a "theory" of punishment; if not how best to characterize his thought; and whether his views and understanding of the aims and functions of punishment remain relevant. The essay explores Stephen's positive and critical contributions, and it concludes that Stephen's major insight was methodological. His view is that the reasons for punishment cannot be separated from the obligations and the nature of the judicial office. He was neither a punishment retributivist nor a punishment consequentialist, but a punishment jurist.

Keywords: crime, punishment, history, theory, judiciary

Suggested Citation

DeGirolami, Marc O., The Punishment Jurist (October 29, 2012). Foundational Texts in Modern Criminal Law, Markus Dubber, ed., Oxford University Press (Forthcoming); St. John's Legal Studies Research Paper No. 12-0023. Available at SSRN: https://ssrn.com/abstract=2168188

Marc DeGirolami (Contact Author)

St. John's University - School of Law ( email )

8000 Utopia Parkway
Jamaica, NY 11439
United States

Paper statistics

Downloads
89
Rank
248,458
Abstract Views
843