Open Access. Powered by Scholars. Published by Universities.®
- Keyword
-
- Abolitionism (1)
- Adolescent development (1)
- Constitutional law (1)
- Criminal law (1)
- Criminal law and philosophy (1)
-
- Diminished capacity (1)
- Flowers v. Mississippi (1)
- Gideon Yaffe (1)
- Immaturity (1)
- Incarceration (1)
- Individualization (1)
- Jim Crow (1)
- Juvenile justice (1)
- Legal history (1)
- Legal theory (1)
- Police (1)
- Political disenfranchisement (1)
- Prison-industrial complex (1)
- Punishment (1)
- Race (1)
- Rationality (1)
- Reasons to obey (1)
- Reconstruction Amendments (1)
- Responsibility (1)
- SCOTUS (1)
- Self-ownership (1)
- Slavery (1)
- Supreme Court of the United States (1)
- The Age of Culpability (1)
Articles 1 - 2 of 2
Full-Text Articles in Legal Theory
Against The Received Wisdom: Why The Criminal Justice System Should Give Kids A Break, Stephen J. Morse
Against The Received Wisdom: Why The Criminal Justice System Should Give Kids A Break, Stephen J. Morse
All Faculty Scholarship
Professor Gideon Yaffe’s recent, intricately argued book, The Age of Culpability: Children and the Nature of Criminal Responsibility, argues against the nearly uniform position in both law and scholarship that the criminal justice system should give juveniles a break not because on average they have different capacities relevant to responsibility than adults, but because juveniles have little say about the criminal law, primarily because they do not have a vote. For Professor Yaffe, age has political rather than behavioral significance. The book has many excellent general analyses about responsibility, but all are in aid of the central thesis about …
Foreword: Abolition Constitutionalism, Dorothy E. Roberts
Foreword: Abolition Constitutionalism, Dorothy E. Roberts
All Faculty Scholarship
In this Foreword, I make the case for an abolition constitutionalism that attends to the theorizing of prison abolitionists. In Part I, I provide a summary of prison abolition theory and highlight its foundational tenets that engage with the institution of slavery and its eradication. I discuss how abolition theorists view the current prison industrial complex as originating in, though distinct from, racialized chattel slavery and the racial capitalist regime that relied on and sustained it, and their movement as completing the “unfinished liberation” sought by slavery abolitionists in the past. Part II considers whether the U.S. Constitution is an …