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Faculty Scholarship at Penn Law

Public Law and Legal Theory

Criminal justice

2008

Articles 1 - 2 of 2

Full-Text Articles in Law

Political Versus Administrative Justice, Stephanos Bibas Aug 2008

Political Versus Administrative Justice, Stephanos Bibas

Faculty Scholarship at Penn Law

This comment responds to an essay by Rachel Barkow, which insightfully links the decline of mercy in American criminal justice to the rise of a rule-of-law ideal inspired by administrative law. This comment notes the dangers of the administrative, rule-focused, judiciocentric approach to criminal justice. Instead, it suggests a more political approach, with more judicial deference to political actors and less judicial policing of equal treatment. The essay by Rachel Barkow to which this comment responds, as well as other authors' comments on this essay and the author's reply to those comments, can be found at http://www.law ...


Invasions Of Conscience And Faked Apologies, Stephanos Bibas Jun 2008

Invasions Of Conscience And Faked Apologies, Stephanos Bibas

Faculty Scholarship at Penn Law

This comment responds to an essay by Jeffrie Murphy, which powerfully notes the limitations and dangers of using remorse and apology as metrics for punishment. But the state is more justified in teaching lessons than Murphy suggests, and retributivism ought to make more room for victim vindication and satisfaction. Gauging sincerity, while difficult, is not impossible. In the end, Murphy offers strong reasons to be cautious. But a humane society ought to be more willing to take chances and, having punished, to forgive. The essay by Jeffrie Murphy to which this comment responds, as well as other authors' comments on ...