Friday, October 30, 2009
Paul H. Robinson (University of Pennsylvania Law School) has posted The Ongoing Revolution in Punishment Theory: Doing Justice as Controlling Crime on SSRN. Here is the abstract:
This lecture offers a broad review of current punishment theory debates and the alternative distributive principles for criminal liability and punishment that they suggest. This broader perspective attempts to explain in part the Model Penal Code's recent shift to reliance upon desert and accompanying limitation on the principles of deterrence, incapacitation, and rehabilitation.