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Full-Text Articles in Jurisprudence
Public Wrongs And The ‘Criminal Law’S Business’: When Victims Won’T Share, Michelle Madden Dempsey
Public Wrongs And The ‘Criminal Law’S Business’: When Victims Won’T Share, Michelle Madden Dempsey
Working Paper Series
Amongst the many valuable contributions that Professor Antony Duff has made to criminal law theory is his account of what it means for a wrong to be public in character. In this chapter, I sketch an alternative way of thinking about criminalization, one which attempts to remain true to the important insights that illuminate Duff’s account, while providing (it is hoped) a more satisfying explanation of cases involving victims who reject the criminal law’s intervention.
The Myth Of The Fully Informed Rational Actor, Stephanos Bibas
The Myth Of The Fully Informed Rational Actor, Stephanos Bibas
All Faculty Scholarship
No abstract provided.
Punishment As Contract, Claire Oakes Finkelstein
Punishment As Contract, Claire Oakes Finkelstein
All Faculty Scholarship
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, …
Two Cheers, Not Three For Sixth Amendment Originalism, Stephanos Bibas
Two Cheers, Not Three For Sixth Amendment Originalism, Stephanos Bibas
All Faculty Scholarship
No abstract provided.