This essay argues that community views ought to have a central role in constructing criminal law and punishment rules, for both democratic and crime-control reasons, but ought not to have a role in the adjudication of individual cases. The differences in the American and Chinese debates on these issues are examined and discussed
Criminal law scholarship is marked by a sharp fault line separating substantive criminal law from cr...
Imprisonment and rehabilitation are two widely used approaches to crime control in countries around ...
It has long been assumed that the goals of doing justice and fighting crime necessarily conflict. Re...
This essay argues that community views ought to have a central role in constructing criminal law and...
This book reports empirical studies on 18 different areas of substantive criminal law in which the s...
There are good reasons to be initially hesitant about shaping criminal law rules to track the justic...
Many of our criminal justice woes can be traced to the loss of the community’s decisionmaking abilit...
One might assume that in a working democracy the criminal law rules would reflect the community’s sh...
This short Article is part of the organizers’ larger Criminalization Project, which seeks, among oth...
THE criminal law codification movement of the 1960s and 70s was guided by instrumentalist principles...
This lecture offers a broad review of current punishment theory debates and the alternative distribu...
Justice, Liability, and Blame: Community Views and the Criminal Law (“Justice”) is a rich, creative,...
Although punishment has been a crucial feature of every legal system, widespread disagreement exists...
The article takes up the debate between utility and desert as distributive principles for criminal l...
Antony Duff argues that the criminal law’s characteristic function is to hold people responsible. It...
Criminal law scholarship is marked by a sharp fault line separating substantive criminal law from cr...
Imprisonment and rehabilitation are two widely used approaches to crime control in countries around ...
It has long been assumed that the goals of doing justice and fighting crime necessarily conflict. Re...
This essay argues that community views ought to have a central role in constructing criminal law and...
This book reports empirical studies on 18 different areas of substantive criminal law in which the s...
There are good reasons to be initially hesitant about shaping criminal law rules to track the justic...
Many of our criminal justice woes can be traced to the loss of the community’s decisionmaking abilit...
One might assume that in a working democracy the criminal law rules would reflect the community’s sh...
This short Article is part of the organizers’ larger Criminalization Project, which seeks, among oth...
THE criminal law codification movement of the 1960s and 70s was guided by instrumentalist principles...
This lecture offers a broad review of current punishment theory debates and the alternative distribu...
Justice, Liability, and Blame: Community Views and the Criminal Law (“Justice”) is a rich, creative,...
Although punishment has been a crucial feature of every legal system, widespread disagreement exists...
The article takes up the debate between utility and desert as distributive principles for criminal l...
Antony Duff argues that the criminal law’s characteristic function is to hold people responsible. It...
Criminal law scholarship is marked by a sharp fault line separating substantive criminal law from cr...
Imprisonment and rehabilitation are two widely used approaches to crime control in countries around ...
It has long been assumed that the goals of doing justice and fighting crime necessarily conflict. Re...