Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Law and Society (4)
- Sociology (4)
- Criminal Law (3)
- Criminology (3)
- Law Enforcement and Corrections (3)
-
- Public Law and Legal Theory (3)
- Arts and Humanities (2)
- Behavioral Economics (2)
- Criminology and Criminal Justice (2)
- Economics (2)
- Ethics and Political Philosophy (2)
- Legal Studies (2)
- Philosophy (2)
- Civic and Community Engagement (1)
- Cognition and Perception (1)
- Cognitive Psychology (1)
- Community Psychology (1)
- Community-Based Research (1)
- Consumer Protection Law (1)
- Contracts (1)
- Law and Economics (1)
- Law and Psychology (1)
- Legal History (1)
- Other Economics (1)
- Property Law and Real Estate (1)
- Social Control, Law, Crime, and Deviance (1)
- Keyword
-
- Culpability (2)
- Psychology (2)
- Actus reus (1)
- American criminal law codification (1)
- Attribution (1)
-
- Auction theory (1)
- Behavioral economics (1)
- Blame (1)
- Blameworthiness (1)
- Collective choice (1)
- Common interest communities (1)
- Community involvement in criminal punishment (1)
- Competence (1)
- Consumer protection (1)
- Contract enforcement (1)
- Contract language (1)
- Contract morality (1)
- Criminal conduct (1)
- Criminal law (1)
- Criminal liability (1)
- Criminalization (1)
- Diminished capacity (1)
- Duty to read (1)
- Empirical desert (1)
- Empirical legal studies (1)
- Excuse defenses (1)
- Extreme mental or emotional disturbance (1)
- Future dangerousness (1)
- Harm principle (1)
- Individual prevention (1)
Articles 1 - 5 of 5
Full-Text Articles in Social Psychology
Introduction To The Structure And Limits Of Criminal Law, Paul H. Robinson, Joshua Samuel Barton
Introduction To The Structure And Limits Of Criminal Law, Paul H. Robinson, Joshua Samuel Barton
All Faculty Scholarship
The book The Structure and Limits of Criminal Law (Ashgate) collects and reprints classic articles on three topics: the conceptual structure of criminal law doctrine, the conduct necessary and that sufficient for criminal liability, and the offender culpability and blameworthiness necessary and that sufficient for criminal liability. The collection includes articles by H.L.A. Hart, Sanford Kadish, George Fletcher, Herbert Packer, Norval Morris, Gordon Hawkins, Andrew von Hirsch, Bernard Harcourt, Richard Wasserstrom, Andrew Simester, John Darley, Kent Greenawalt, and Paul Robinson. This essay serves as an introduction to the collection, explaining how each article fits into the larger debate and giving …
A Psychological Account Of Consent To Fine Print, Tess Wilkinson-Ryan
A Psychological Account Of Consent To Fine Print, Tess Wilkinson-Ryan
All Faculty Scholarship
The moral and social norms that bear on contracts of adhesion suggest a deep ambivalence. Contracts are perceived as serious moral obligations, and yet they must be taken lightly or everyday commerce would be impossible. Most people see consent to boilerplate as less meaningful than consent to negotiated terms, but they nonetheless would hold consumers strictly liable for both. This Essay aims to unpack the beliefs, preferences, assumptions, and biases that constitute our assessments of assent to boilerplate. Research suggests that misgivings about procedural defects in consumer contracting weigh heavily on judgments of contract formation, but play almost no role …
Empirical Desert, Individual Prevention, And Limiting Retributivism: A Reply, Paul H. Robinson, Joshua Samuel Barton, Matthew J. Lister
Empirical Desert, Individual Prevention, And Limiting Retributivism: A Reply, Paul H. Robinson, Joshua Samuel Barton, Matthew J. Lister
All Faculty Scholarship
A number of articles and empirical studies over the past decade, most by Paul Robinson and co-authors, have suggested a relationship between the extent of the criminal law's reputation for being just in its distribution of criminal liability and punishment in the eyes of the community – its "moral credibility" – and its ability to gain that community's deference and compliance through a variety of mechanisms that enhance its crime-control effectiveness. This has led to proposals to have criminal liability and punishment rules reflect lay intuitions of justice – "empirical desert" – as a means of enhancing the system's moral …
The Effect Of Mental Illness Under U.S. Criminal Law, Paul H. Robinson
The Effect Of Mental Illness Under U.S. Criminal Law, Paul H. Robinson
All Faculty Scholarship
This paper reviews the various ways in which an offender's mental illness can have an effect on liability and offense grading under American criminal law. The 52 American jurisdictions have adopted a variety of different formulations of the insanity defense. A similar diversity of views is seen in the way in which different states deal with mental illness that negates an offense culpability requirement, a bare majority of which limit a defendant's ability to introduce mental illness for this purpose. Finally, the modern successor of the common law provocation mitigation allows, in its new breadth, certain forms of mental illness …
Governing Communities By Auction, Abraham Bell, Gideon Parchomovsky
Governing Communities By Auction, Abraham Bell, Gideon Parchomovsky
All Faculty Scholarship
Common interest communities have become the property form of choice for many Americans. As of 2010, sixty-two million Americans lived in common interest communities. Residents benefit from sharing the cost of common amenities – pools, lawns, gazebos – and from rules that ensure compliance with community expectations. But decisionmaking in common interest communities raises serious concerns about minority abuse and manipulation, a problem well known to all property law students. Decisions about which amenities will be provided and which rules will be enacted are typically made through some combination of delegation and voting. Delegates often act for their own benefit, …