Law Commons^™

The Role Of Deterrence In The Formulation Of Criminal Law Rules: At Its Worst When Doing Its Best, Paul H. Robinson, John M. Darley

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For the past several decades, the deterrence of crime has been a centerpiece of criminal law reform. Law-givers have sought to optimize the control of crime by devising a penalty-setting system that assigns criminal punishments of a magnitude sufficient to deter a thinking individual from committing a crime. Although this seems initially an intuitively compelling strategy, we are going to suggest that is a poor one; poor for two reasons. First, its effectiveness rests on a set of assumptions that on examination cannot be sustained. Second, the attempt to employ the strategy generates a good many crimogenic costs that are …

Testing Lay Intuitions Of Justice: How And Why?, Paul H. Robinson

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When John Darley and I wrote Justice, Liability, and Blame: Community Views and the Criminal Law, our goal was not to provide the definitive account of lay intuitions of justice but rather to stimulate interest in what we saw as an important but long-term project that would require the work of many people. Having this American Association of Law Schools program is itself something toward that end and for that we thank Christopher Slobogin and Cheryl Hanna. In this brief introduction to the Symposium, let me set the stage by doing four things. Part I of this Article summarizes the …

The Inefficiency Of Mens Rea, Claire Oakes Finkelstein

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No abstract provided.

Rethinking Welfare Rights: Reciprocity Norms, Reactive Attitudes, And The Political Economy Of Welfare Reform, Amy L. Wax

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No abstract provided.

Privacy-As-Data Control: Conceptual, Practical, And Moral Limits Of The Paradigm, Anita L. Allen

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No abstract provided.

Lying To Protect Privacy, Anita L. Allen

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No abstract provided.

Not So Hard (And Not So Special), After All: Comments On Zimring's "The Hardest Of The Hard Cases", Stephen J. Morse

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No abstract provided.

Social Contract Theory In American Case Law, Anita L. Allen

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No abstract provided.

Objectivist Vs. Subjectivist Views Of Criminality: A Study In The Role Of Social Science In Criminal Law Theory, Paul H. Robinson, John M. Darley

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The authors use social science methodology to determine whether a doctrinal shift-from an objectivist view of criminality in the common law to a subjectivist view in modern criminal codes-is consistent with lay intuitions of the principles of justice. Commentators have suggested that lay perceptions of criminality have shifted in a way reflected in the doctrinal change, but the study results suggest a more nuanced conclusion: that the modern lay view agrees with the subjectivist view of modern codes in defining the minimum requirements of criminality, but prefers the common law's objectivist view of grading the punishment deserved. The authors argue …

The Evidentiary Theory Of Blackmail: Taking Motives Seriously, Mitchell N. Berman

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No abstract provided.

Testing Competing Theories Of Justification, Paul H. Robinson, John M. Darley

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Present criminal law theory reflects a disagreement over the underlying theory of the justificatory principle, and thus the proper legal formulation of such defenses. At the core of the debate about the principle is the following question. Are justification defenses given because the actor's deed avoids a greater harm, or because she acted for the right reason? The deeds theory of justification justifies conduct that avoids a greater harm, because the conduct is conduct that we would be happy to tolerate under similar circumstances in the future: that is, because the actor has done the right deed. The reasons theory …

Immaturity And Irresponsibility, Stephen J. Morse

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No abstract provided.

Against Nature: On Robert Wright's The Moral Animal, Amy L. Wax

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No abstract provided.

On The Genealogy Of Moral Hazard, Tom Baker

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No abstract provided.

Beyond Black Demons & White Devils: Antiblack Conspiracy Theorizing & The Black Public Sphere, Regina Austin

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No abstract provided.

Commentary: Policy Implications, Geoffrey C. Hazard Jr.

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No abstract provided.

Justice, Liability, And Blame: Community Views And The Criminal Law, Paul H. Robinson, John M. Darley

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This book reports empirical studies on 18 different areas of substantive criminal law in which the study results showing ordinary people’s judgments of justice are compared to the governing legal doctrine to highlight points of agreement and disagreement. The book also identifies trends and patterns in agreement and disagreement and discusses the implications for the formulation of criminal law. The chapters include:

Chapter 1. Community Views and the Criminal Law (Introduction; An Overview; Why Community Views Should Matter; Research Methods)

Chapter 2. Doctrines of Criminalization: What Conduct Should Be Criminal? (Objective Requirements of Attempt (Study 1); Creating a Criminal Risk …

"A Nation Of Thieves": Securing Black People's Right To Shop And To Sell In White America, Regina Austin

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No abstract provided.

Insanity As A Defense: The Bifurcated Trial, David W. Louisell, Geoffrey Hazard

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No abstract provided.