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Faculty Scholarship at Penn Law

Public Law and Legal Theory

Desert

2008

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Competing Conceptions Of Modern Desert: Vengeful, Deontological, And Empirical, Paul H. Robinson Mar 2008

Competing Conceptions Of Modern Desert: Vengeful, Deontological, And Empirical, Paul H. Robinson

Faculty Scholarship at Penn Law

The dispute over the role desert should play, if any, in assessing criminal liability and punishment has a long and turbulent history. There is some indication that deserved punishment -- referred to variously as desert, just punishment, retributive punishment, or simply doing justice -- may be in ascendance, both in academic debate and in real world institutions. A number of modern sentencing guidelines have adopted it as their distributive principle. Desert is increasingly given deference in the purposes section of state criminal codes, where it can be the guiding principle in the interpretation and application of the code's provisions. Indeed, a ...