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| Document Type: | Book |
|---|---|
| All Authors / Contributors: |
Paul H Robinson |
| ISBN: | 9780199917723 0199917728 |
| OCLC Number: | 806456407 |
| Description: | xxiii, 559 pages : illustrations ; 24 cm |
| Contents: | The nature of judgments about justice -- Judgments about justice as intuitional and nuanced -- Judgments about justice as a human universal: agreements on a core of wrongdoing -- The origins of shared intuitions of justice -- Disagreements about justice -- Changing people's judgments of justice -- Should the criminal law care what the lay person thinks is just? -- Current law's deference to lay judgments of justice -- Current law's conflicts with lay judgments of justice -- Normative crime control: the utility of desert -- Building moral credibility and the disutility of injustice -- Deviations from empirical desert -- Implications for criminal justice and other reform -- The content of lay judgments of justice -- Rules of conduct: doctrines of criminalization -- Rules of conduct: doctrines of justification -- Principles of adjudication: doctrines of culpability -- Principles of adjudication: doctrines of excuse -- Principles of adjudication: doctrines of grading -- Law-community agreement and conflict, and its implications -- Empirical studies of lay judgments of justice as a law and policy tool -- Explaining history: shifting views of criminality -- Testing competing theories: blackmail -- Testing competing theories: justification defenses -- Guiding judicial discretion: extralegal punishment factors -- Intuitions of justice & the utility of desert. |
| Responsibility: | Paul H. Robinson. |
Abstract:
Reviews
Publisher Synopsis
"This remarkable book is the fruit of a two-decades-old project pioneered by Paul Robinson and his collaborators into the moral intuitions behind our criminal law. It reveals that our intuitions about who and what deserves to be punished, and how much, are remarkably precise and universally shared. He offers intriguing speculations as to why that might be so and shows that legislators who try to make up laws that go against those intuitions-as they habituallydo in the name of populist or pragmatic considerations-wreak great havoc with our system." --Leo Katz, Frank Carano Professor of Law, University of Pennsylvania Law School"A defining work on the ideal distributive principles for punishment. It is undoubtedly one of the best books I have recently read. Its highly rational approach, with radical new thinking, is important for both legislators and criminal law researchers. This book will provide important insights to the changing landscape of modern criminal theory." --Zhao Bingzhi, President and Professor, Chinese Criminal Law Society"No criminal law theorist has done more than Paul Robinson to employ sophisticated techniques of social science to discover what laypersons think about the fairness of various rules and doctrines in the substantive criminal law. In extraordinarily readable prose, Robinson argues that efforts to ensure that our penal law conforms to the judgments of laypersons will help to produce a criminal law that is beneficial to us all." --Doug Husak, Professor II, Department of Philosophy, Rutgers University"The book draws upon several empirical studies, undertaken by Robinson and collaborators, into aspects of lay understanding, law intuitions and lay opinions. The result is a volume that raises challenging questions about the role of the public in criminal law doctrine and in sentencing principles, written with Robinson's characteristic clarity and persuasiveness." --Andrew Ashworth, Vinerian Professor of English Law, University of Oxford Read more...
