Open Access. Powered by Scholars. Published by Universities.®
- Keyword
-
- Blackmail (1)
- Blame (1)
- Community involvement in criminal punishment (1)
- Criminal law (1)
- Empirical desert (1)
-
- Future dangerousness (1)
- Individual prevention (1)
- Larissa Katz (1)
- Law & society (1)
- Lay intuitions of justice (1)
- Malice (1)
- Moral credibility (1)
- No-intent-to-harm principle (1)
- Nuisance (1)
- Ownership (1)
- Preventative detention (1)
- Principle of abuse of property right (1)
- Property (1)
- Psychology (1)
- Punishment (1)
- Sentencing and corrections (1)
- Spite (1)
- Trespass (1)
- Views of justice (1)
- Worthwhile-uses-only principle (1)
Articles 1 - 2 of 2
Full-Text Articles in Philosophy
Abuse Of Property Right Without Political Foundations: A Response To Katz, Mitchell N. Berman
Abuse Of Property Right Without Political Foundations: A Response To Katz, Mitchell N. Berman
All Faculty Scholarship
In an article recently published in the Yale Law Journal, Larissa Katz defends a heterodox principle of abuse of property right pursuant to which an owner abuses her rights with respect to a thing she owns if she makes an otherwise permitted decision about how to use that thing just in order to harm others, either out of spite, or for leverage. Katz grounds that principle in a novel theory of the political foundations of the institution of property ownership. This essay argues that Katz’s political theory is implausible, but that this should not doom her preferred principle of …
Empirical Desert, Individual Prevention, And Limiting Retributivism: A Reply, Paul H. Robinson, Joshua Samuel Barton, Matthew J. Lister
Empirical Desert, Individual Prevention, And Limiting Retributivism: A Reply, Paul H. Robinson, Joshua Samuel Barton, Matthew J. Lister
All Faculty Scholarship
A number of articles and empirical studies over the past decade, most by Paul Robinson and co-authors, have suggested a relationship between the extent of the criminal law's reputation for being just in its distribution of criminal liability and punishment in the eyes of the community – its "moral credibility" – and its ability to gain that community's deference and compliance through a variety of mechanisms that enhance its crime-control effectiveness. This has led to proposals to have criminal liability and punishment rules reflect lay intuitions of justice – "empirical desert" – as a means of enhancing the system's moral …