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Criminal Law

Desert

2007

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Full-Text Articles in Law

Concordance & Conflict In Intuitions Of Justice, Paul H. Robinson, Robert O. Kurzban Jun 2007

Concordance & Conflict In Intuitions Of Justice, Paul H. Robinson, Robert O. Kurzban

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The common wisdom among criminal law theorists and policy makers is that the notion of desert is vague and the subject to wide disagreement. Yet the empirical evidence in available studies, including new studies reported here, paints a dramatically different picture. While moral philosophers may disagree on some aspects of moral blameworthiness, people's intuitions of justice are commonly specific, nuanced, and widely shared. Indeed, with regard to the core harms and evils to which criminal law addresses itself – physical aggression, takings without consent, and deception in transactions – people's shared intuitions cut across demographics and cultures. The findings raise …


The Role Of Moral Philosophers In The Competition Between Deontological And Empirical Desert, Paul H. Robinson Apr 2007

The Role Of Moral Philosophers In The Competition Between Deontological And Empirical Desert, Paul H. Robinson

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Desert appears to be in ascendence as a distributive principle for criminal liability and punishment but there is confusion as to whether it is a deontological or an empirical conception of desert that is or should be promoted. Each offers a distinct advantage over the other. Deontological desert can transcend community, situation, and time to give a conception of justice that can be relied upon to reveal errors in popular notions of justice. On the other hand, empirical desert can be more easily operationalized than can deontological desert because, contrary to common wisdom, there is a good deal of agreement …