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Full-Text Articles in Law
The Evidentiary Theory Of Blackmail: Taking Motives Seriously, Mitchell N. Berman
The Evidentiary Theory Of Blackmail: Taking Motives Seriously, Mitchell N. Berman
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No abstract provided.
In Defense Of The Model Penal Code: A Reply To Professor Fletcher, Paul H. Robinson
In Defense Of The Model Penal Code: A Reply To Professor Fletcher, Paul H. Robinson
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No abstract provided.
Objectivist Vs. Subjectivist Views Of Criminality: A Study In The Role Of Social Science In Criminal Law Theory, Paul H. Robinson, John M. Darley
Objectivist Vs. Subjectivist Views Of Criminality: A Study In The Role Of Social Science In Criminal Law Theory, Paul H. Robinson, John M. Darley
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The authors use social science methodology to determine whether a doctrinal shift-from an objectivist view of criminality in the common law to a subjectivist view in modern criminal codes-is consistent with lay intuitions of the principles of justice. Commentators have suggested that lay perceptions of criminality have shifted in a way reflected in the doctrinal change, but the study results suggest a more nuanced conclusion: that the modern lay view agrees with the subjectivist view of modern codes in defining the minimum requirements of criminality, but prefers the common law's objectivist view of grading the punishment deserved. The authors argue …