Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

Philosophy

University of Michigan Law School

Law Enforcement and Corrections

Articles 1 - 2 of 2

Full-Text Articles in Law

Can Criminal Law Be Controlled?, Darryl K. Brown Apr 2010

Can Criminal Law Be Controlled?, Darryl K. Brown

Michigan Law Review

It is a bizarre state of affairs that criminal law has no coherent description or explanation. We have standard tropes to define criminal law, but they obscure as much as they clarify and are honored in the breach as much as the rule. Crimes, for instance, are defined by wrongdoing and culpability; to be guilty, one must do a wrongful act in a blameworthy manner, that is, as a responsible agent without excuse or justification. And crimes define public wrongs, which are distinct from private wrongs. Further, we criminalize only harmful conduct, or risk-creating conduct, or immoral conduct, or conduct …


A Virtuous State Would Not Assign Correctional Housing Based On Ability To Pay, Bradley W. Moore Jan 2007

A Virtuous State Would Not Assign Correctional Housing Based On Ability To Pay, Bradley W. Moore

Michigan Law Review First Impressions

Pay-to-stay jails expose the moral tension between the dominant theories of punishment: retributivism and deterrence. A turn to a third major moral theory—virtue ethics—resolves this tension. According to virtue ethics, the moral worth of an action follows from both the character of the action and the disposition of the actor. Virtuous acts promote human flourishing— the central goal of life—when they are the right actions performed for the right reasons. The virtue ethics theory of punishment suggests that pay-to-stay jails conflict with the promotion of human flourishing. A virtuous state’s criminal justice system would not include fee-based incarceration because it …