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Univ. of San Diego School of Law

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Friday, April 25, 2014

Bilz on Testing the Expressive Theory of Punishment

Bilz kenwortheyKenworthey Bilz (University of Illinois College of Law) has posted Testing the Expressive Theory of Punishment on SSRN. Here is the abstract:

This article presents empirical support for the argument that punishment of a wrongdoer affects the social standing of his victim. This argument is most closely associated with the expressive theory of punishment, especially as articulated by the moral philosopher Jean Hampton (1988, 1992). In three experiments I show support for the basic point of Hampton’s expressive theory, that punishing a criminal offender does increase the victim’s social standing in the community, and failing to punish diminishes it. I show this effect across three very different types of crime: rape, credit theft, and battery. I also test some logical extensions of Hampton’s expressive theory of punishment. For instance, if victims gain or lose social standing as a result of punishing, so — inversely — should offenders. In addition, different punishers should affect different sources of social standing (such as in-group versus out-group). Finally, the effects on perceived social standing should be felt not just by victims, but by third-party observers as well. I also test these subsidiary predictions, and find support for them.

http://lawprofessors.typepad.com/crimprof_blog/2014/04/bilz-on-testing-the-expressive-theory-of-punishment.html

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