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Intuitions of Justice and the Utility of Desert$
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Paul H. Robinson

Print publication date: 2013

Print ISBN-13: 9780199917723

Published to Oxford Scholarship Online: September 2013

DOI: 10.1093/acprof:oso/9780199917723.001.0001

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Law-Community Agreement and Conflict, and Its Implications

Law-Community Agreement and Conflict, and Its Implications

Chapter:
(p.401) 17 }Law-Community Agreement and Conflict, and Its Implications
Source:
Intuitions of Justice and the Utility of Desert
Author(s):

Paul H. Robinson

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780199917723.003.0017

This chapter first discusses how the criminal law does often agree with community intuitions, but it also often conflicts with lay judgments of justice. It builds on the discussion of the “utility of desert,” in Chapter 8 and elaborates further on the implications of these conflicts. It explains that the community and the law often differ not just in their result but in their general approach to assessing liability. It considers the interesting attraction that test subjects had for using the “liability but no punishment” option commonly given to them in the research studies. Finally, it examines whether the use of a jury system has implications for the present research findings.

Keywords:   criminal law, justice, lay judgments, community view, utility of desert, criminal liability, punishment, jury system

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