Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

Criminal Law

Selected Works

Stephen P. Garvey

Theories of punishment

Articles 1 - 2 of 2

Full-Text Articles in Law

The Moral Emotions Of The Criminal Law, Stephen P. Garvey Dec 2014

The Moral Emotions Of The Criminal Law, Stephen P. Garvey

Stephen P. Garvey

Imagine you have committed a crime. You might experience any number of emotional responses to what you've done, ranging from self-satisfaction to self-disgust. But however you do feel, how should you feel? The question seems especially appropriate for a conference honoring Professor Herbert Morris and celebrating his work, for no one has shed light more on the moral emotions of the criminal law. The line of thought that follows owes Professor Morris a large and obvious debt. So, once again, how should you feel when you have committed a criminal wrong? "Guilty" comes immediately to mind. But guilt is not …


Lifting The Veil On Punishment, Stephen P. Garvey Dec 2014

Lifting The Veil On Punishment, Stephen P. Garvey

Stephen P. Garvey

When the state punishes a person, it treats him as it ordinarily should not. It takes away his property, throws him in prison, or otherwise interferes with his liberty. Theories of punishment try to explain why such harsh treatment is nonetheless morally permissible, if not morally obligatory. Such theories often seem to take for granted that the state in question is an upright one. Among other things, the states in which we live fail, one might reasonably believe, to distribute wealth and power fairly among their citizens. Nor are the criminal justice systems they superintend flawless, not least of which …