- Title Pages
- Dedication
- Preface and Acknowledgments
- Selected Robinson Bibliography
- List of Tables and Figures
-
PART } I The Nature of Judgments about Justice -
1 } Judgments about Justice as Intuitional and Nuanced -
2 } Judgments about Justice as a Human Universal: Agreements on a Core of Wrongdoing -
3 } The Origins of Shared Intuitions of Justice -
4 } Disagreements about Justice -
5 } Changing People’s Judgments of Justice -
Part } II Should the Criminal Law Care What the Lay Person Thinks Is Just? -
6 } Current Law’s Deference to Lay Judgments of Justice -
7 } Current Law’s Conflicts with Lay Judgments of Justice -
8 } Normative Crime Control: The Utility of Desert -
9 } Building Moral Credibility and the Disutility of Injustice -
10 } Deviations from Empirical Desert -
11 } Implications for Criminal Justice and Other Reform -
PART } III The Content of Lay Judgments of Justice -
12 } Rules of Conduct: Doctrines of Criminalization -
13 } Rules of Conduct: Doctrines of Justification -
14 } Principles of Adjudication: Doctrines of Culpability -
15 } Principles of Adjudication: Doctrines of Excuse -
16 } Principles of Adjudication: Doctrines of Grading -
17 } Law-Community Agreement and Conflict, and Its Implications -
PART } IV Empirical Studies of Lay Judgments of Justice as a Law and Policy Tool -
18 } Explaining History: Shifting Views of Criminality -
19 } Testing Competing Theories: Blackmail -
20 } Testing Competing Theories: Justification Defenses -
21 } Guiding Judicial Discretion: Extralegal Punishment Factors -
22 } Intuitions of Justice & the Utility of Desert - Table of Cases
- Table of MPC
- Index
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
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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- Title Pages
- Dedication
- Preface and Acknowledgments
- Selected Robinson Bibliography
- List of Tables and Figures
-
PART } I The Nature of Judgments about Justice -
1 } Judgments about Justice as Intuitional and Nuanced -
2 } Judgments about Justice as a Human Universal: Agreements on a Core of Wrongdoing -
3 } The Origins of Shared Intuitions of Justice -
4 } Disagreements about Justice -
5 } Changing People’s Judgments of Justice -
Part } II Should the Criminal Law Care What the Lay Person Thinks Is Just? -
6 } Current Law’s Deference to Lay Judgments of Justice -
7 } Current Law’s Conflicts with Lay Judgments of Justice -
8 } Normative Crime Control: The Utility of Desert -
9 } Building Moral Credibility and the Disutility of Injustice -
10 } Deviations from Empirical Desert -
11 } Implications for Criminal Justice and Other Reform -
PART } III The Content of Lay Judgments of Justice -
12 } Rules of Conduct: Doctrines of Criminalization -
13 } Rules of Conduct: Doctrines of Justification -
14 } Principles of Adjudication: Doctrines of Culpability -
15 } Principles of Adjudication: Doctrines of Excuse -
16 } Principles of Adjudication: Doctrines of Grading -
17 } Law-Community Agreement and Conflict, and Its Implications -
PART } IV Empirical Studies of Lay Judgments of Justice as a Law and Policy Tool -
18 } Explaining History: Shifting Views of Criminality -
19 } Testing Competing Theories: Blackmail -
20 } Testing Competing Theories: Justification Defenses -
21 } Guiding Judicial Discretion: Extralegal Punishment Factors -
22 } Intuitions of Justice & the Utility of Desert - Table of Cases
- Table of MPC
- Index
