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Full-Text Articles in Law
A Truce In Criminal Law's Distributive Principle Wars?, Paul H. Robinson
A Truce In Criminal Law's Distributive Principle Wars?, Paul H. Robinson
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Crime-control utilitarians and retributivist philosophers have long been at war over the appropriate distributive principle for criminal liability and punishment, with little apparent possibility of reconciliation between the two. In the utilitarians’ view, the imposition of punishment can be justified only by the practical benefit that it provides: avoiding future crime. In the retributivists’ view, doing justice for past wrongs is a value in itself that requires no further justification. The competing approaches simply use different currencies: fighting future crime versus doing justice for past wrongs.
It is argued here that the two are in fact reconcilable, in a fashion. …
Governance By Other Means: Rankings As Regulatory Systems, Judith G. Kelley, Beth A. Simmons
Governance By Other Means: Rankings As Regulatory Systems, Judith G. Kelley, Beth A. Simmons
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This article takes the challenges of global governance and legitimacy seriously and looks at new ways in which international organizations (IOs) have attempted to ‘govern’ without explicit legal or regulatory directives. Specifically, we explore the growth of global performance indicators as a form of social control that appears to have certain advantages even as states and civil society actors push back against international regulatory authority. This article discusses the ways in which Michael Zürn's diagnosis of governance dilemmas helps to explain the rise of such ranking systems. These play into favored paradigms that give information and market performance greater social …