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Jurisprudence Commons

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Legal Studies

2011

Legal Philosophy

Articles 1 - 2 of 2

Full-Text Articles in Jurisprudence

Punishment As Contract, Claire Oakes Finkelstein Jan 2011

Punishment As Contract, Claire Oakes Finkelstein

Faculty Scholarship at Penn Law

This paper provides a sketch of a contractarian approach to punishment, according to a version of contractarianism one might call “rational contractarianism,” by contrast with the normative contractarianism of John Rawls. Rational contractarianism suggests a model according to which rational agents, with maximal, rather than minimal, knowledge of their life circumstances, would agree to the outlines of a particular social institution or set of social institutions because they view themselves as faring best in such a society governed by such institutions, as compared with a society governed by different institutional schemes available for adoption. Applied to the institution of punishment ...


What Will Our Future Look Like And How Will We Respond?, Michael A. Fitts Jan 2011

What Will Our Future Look Like And How Will We Respond?, Michael A. Fitts

Faculty Scholarship at Penn Law

No abstract provided.