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Full-Text Articles in Law
Atrocity, Entitlement, And Personhood In Property, Daniel J. Sharfstein
Atrocity, Entitlement, And Personhood In Property, Daniel J. Sharfstein
Vanderbilt Law School Faculty Publications
For a generation since Margaret Jane Radin’s classic article Property and Personhood, scholars have viewed personhood as a conception of property that affirms autonomy, dignity, and basic civil rights, a progressive alternative to traditional, more economically focused property theories. This article presents a fundamental challenge to personhood as a progressive approach to property. It shows that personhood claims often derive from violent and other harmful acts committed in the course of acquiring and owning property. This persistent and pervasive connection between personhood and violence — the “atrocity value†in property — upends core assumptions about the American property tradition and …
Realism, Punishment, And Reform, Owen D. Jones, Paul H. Robinson, Robert Kurzban
Realism, Punishment, And Reform, Owen D. Jones, Paul H. Robinson, Robert Kurzban
Vanderbilt Law School Faculty Publications
Professors Donald Braman, Dan Kahan, and David Hoffman, in their article "Some Realism About Punishment Naturalism," to be published in an upcoming issue of the University of Chicago Law Review, critique a series of our articles: Concordance and Conflict in Intuitions of Justice (http://ssrn.com/abstract=932067), The Origins of Shared Intuitions of Justice (http://ssrn.com/abstract=952726), and Intuitions of Justice: Implications for Criminal Law and Justice Policy (http://ssrn.com/abstract=976026). Our reply, here, follows their article in that coming issue.
As we demonstrate, they have misunderstood our views on, and thus the implications of, widespread agreement about punishing the "core" of wrongdoing. Although much of their …