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Sociology

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Criminal Law Scholarship: Three Illusions, Paul H. Robinson Jan 2001

Criminal Law Scholarship: Three Illusions, Paul H. Robinson

Faculty Scholarship at Penn Law

The paper criticizes criminal law scholarship for helping to construct and failing to expose analytic structures that falsely claim a higher level of rationality and coherence than current criminal law theory deserves. It offers illustrations of three such illusions of rationality. First, it is common in criminal law discourse for scholars and judges to cite any of the standard litany of "the purposes of punishment" -- just deserts, deterrence, incapacitation of the dangerous, rehabilitation, and sometimes other purposes -- as a justification for one or another liability rule or sentencing practice. The cited "purpose" gives the rules an aura of rationality, but ...


Women And Legal Scholarship: A Bibliography, Paul M. George, Susan Mcglamery Jan 1991

Women And Legal Scholarship: A Bibliography, Paul M. George, Susan Mcglamery

Faculty Scholarship at Penn Law

No abstract provided.