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Conventions And Convictions: A Valuative Theory Of Punishment, Daniel Maggen
Conventions And Convictions: A Valuative Theory Of Punishment, Daniel Maggen
Utah Law Review
The one thing that most scholars of criminal law agree upon is that we are in desperate need of a comprehensive theory of punishment. The theory that comes closest to meeting this demand is the expressive account of punishment, yet it is often criticized for its inability to explain how the expression of communal values justifies punishment and why the condemnation of wrongdoing necessarily requires punishment. The Article answers these criticisms by arguing against the need to necessarily connect punishment to wrongdoing and by developing expressivism into a novel theory of punishment, grounded in the valuative function punishment serves.
Offering …