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Faculty Scholarship at Penn Law

Public Law and Legal Theory

1998

Articles 1 - 3 of 3

Full-Text Articles in Law

Objectivist Vs. Subjectivist Views Of Criminality: A Study In The Role Of Social Science In Criminal Law Theory, Paul H. Robinson, John M. Darley Jan 1998

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

Faculty Scholarship at Penn Law

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 ...


The Evidentiary Theory Of Blackmail: Taking Motives Seriously, Mitchell N. Berman Jan 1998

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

Faculty Scholarship at Penn Law

No abstract provided.


In Defense Of The Model Penal Code: A Reply To Professor Fletcher, Paul H. Robinson Jan 1998

In Defense Of The Model Penal Code: A Reply To Professor Fletcher, Paul H. Robinson

Faculty Scholarship at Penn Law

No abstract provided.