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Univ. of San Diego School of Law

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Thursday, November 10, 2011

Markel on Making Punishment Safe for Democracy

MarkelDan Markel (Florida State University College of Law) has posted Making Punishment Safe for Democracy: A Reply to Professors Bowers, Cahill & Duff (Virginia Journal Criminal Law, Vol. 1, 2012) on SSRN. Here is the abstract: 

Professors Josh Bowers, Michael Cahill, and Antony Duff have each penned subtle and thoughtful response essays to my article, Retributive Justice and the Demands of Democratic Citizenship (available at http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1930443). In this essay, I try to offer some initial thoughts that I hope will adequately address their separate challenges and queries. With respect to the challenges they offer, I should say that, in a few places, I offer some concessions. In most others, however, I decline their invitations to reconsider my arguments about our moral obligations to conform to or to enforce what I call permissibly dumb but not illiberal laws. Comments on this draft are welcomed and invited.

Professor Bowers' essay can be found at: http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1945743

Professor Cahill's essay can be found at: http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1950660

http://lawprofessors.typepad.com/crimprof_blog/2011/11/xxx-markel-on-making-punishment-safe-for-democracy-a-reply-to-professors-bowers-cahill-duff.html

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