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Full-Text Articles in Law
A Virtuous State Would Not Assign Correctional Housing Based On Ability To Pay, Bradley W. Moore
A Virtuous State Would Not Assign Correctional Housing Based On Ability To Pay, Bradley W. Moore
Michigan Law Review First Impressions
Pay-to-stay jails expose the moral tension between the dominant theories of punishment: retributivism and deterrence. A turn to a third major moral theory—virtue ethics—resolves this tension. According to virtue ethics, the moral worth of an action follows from both the character of the action and the disposition of the actor. Virtuous acts promote human flourishing— the central goal of life—when they are the right actions performed for the right reasons. The virtue ethics theory of punishment suggests that pay-to-stay jails conflict with the promotion of human flourishing. A virtuous state’s criminal justice system would not include fee-based incarceration because it …
Ignorance Of Law Is An Excuse - But Only For The Virtuous, Dan M. Kahan
Ignorance Of Law Is An Excuse - But Only For The Virtuous, Dan M. Kahan
Michigan Law Review
It's axiomatic that "ignorance of the law is no excuse." My aim in this essay is to examine what the "mistake of law doctrine" reveals about the relationship between criminal law and morality in general and about the law's understanding of moral responsibility in particular. The conventional understanding of the mistake of law doctrine rests on two premises, which are encapsulated in the Holmesian epigrams with which I've started this essay. The first is liberal positivism. As a descriptive claim, liberal positivism holds that the content of the law can be identified without reference to morality: one needn't be a …
Rediscovering Hegel's Theory Of Crime And Punishment, Markus Dirk Dubber
Rediscovering Hegel's Theory Of Crime And Punishment, Markus Dirk Dubber
Michigan Law Review
A Review of Hegel's Political Philosophy: Interpreting the Practice of Legal Punishment by Mark Tunick
Introducing Criminal Law, Stephen J. Morse
Introducing Criminal Law, Stephen J. Morse
Michigan Law Review
A Review of Bad Acts and Guilty Minds: Conundrums of the Criminal Law by Leo Katz, and Crime, Guilt, and Punishment: A Philosophical Introduction by C.L. Ten
Troubling Questions: A Review Of The Decline Of The Rehabilitative Ideal, Sheldon L. Messinger
Troubling Questions: A Review Of The Decline Of The Rehabilitative Ideal, Sheldon L. Messinger
Michigan Law Review
A Review of The Decline of the Rehabilitative Ideal: Penal Policy and Social Purpose by Francis A. Allen
Desert And Deterrence: An Assessment Of The Moral Bases Of The Case For Capital Punishment, Richard O. Lempert
Desert And Deterrence: An Assessment Of The Moral Bases Of The Case For Capital Punishment, Richard O. Lempert
Michigan Law Review
The controversy over the death penalty has generated arguments of two types. The first argument appeals to moral intuitions; the second concerns deterrence. Although both types of argument speak to the morality of systems of capital punishment, the first debate has been dominated by moral philosophers and the second by empirical social scientists. For convenience I shall at times refer to the approach of the moral philosophers as the moral case for (or against) capital punishment or as the argument from morality.
The Future Of Imprisonment: Toward A Punitive Philosophy, Norval Morris
The Future Of Imprisonment: Toward A Punitive Philosophy, Norval Morris
Michigan Law Review
Proper use of imprisonment as a penal sanction is of primary philosophical and practical importance to the future of society. With the increasing vulnerability of our social organization and the growing complexity and interdependence of governmental structures, reassessment of appropriate limits on the power that society should exercise over its members becomes increasingly important. Perhaps if the "prison problem" is solved, many of the uneasy tensions between freedom and power in postindustrial society will diminish. The effort made here will, I hope, contribute to the solution of the "prison problem" by offering a new model of imprisonment that recognizes fundamental …
Theory And Application Of Roscoe Pound's Sociological Jurisprudence: Crime Prevention Or Control?, Louis H. Masotti, Michael A. Weinstein
Theory And Application Of Roscoe Pound's Sociological Jurisprudence: Crime Prevention Or Control?, Louis H. Masotti, Michael A. Weinstein
University of Michigan Journal of Law Reform
The current interest in reforming the administration of justice has been triggered by a number of factors including the 1967 report of the President's Commission on Law Enforcement and the Administration of Justice and the treatment afforded arrestees during the civil disorders of the past few years. The nation is alarmed at the reported annual increases in crime, and this alarm was manifested in the 1968 presidential election when "law and order" became a major issue. Superficially the answer may seem clear: more effective enforcement of the law and, when necessary, more stringent laws. The critical issue, however, is a …
Bayne: Conscience, Obligation, And The Law, E. F. Roberts
Bayne: Conscience, Obligation, And The Law, E. F. Roberts
Michigan Law Review
A Review of Conscience, Obligation, and the Law by David Cowan Bayne
Just War-A Legal Concept?, Arthur Nussbaum
Just War-A Legal Concept?, Arthur Nussbaum
Michigan Law Review
During the century preceding the First World War the topic of "just war," frequently and intensely treated in earlier periods, had almost disappeared from the writings on international relations. Since the end of the war, however, the issue has been revived by writers within and without the legal profession. The present article purports, principally by an inquiry into its historical background, to determine its legal relevance.