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Monday, December 19, 2005
Murphy's "Getting Even" and Criminal Law
This semester (and last year), I gave my first-year Criminal Law students the option of writing (in addition to the final examination) a "critical review" of Jeffrie Murphy's "Getting Even: Forgiveness and Its Limits." (For those students who exercised this option, the critical review was "worth" about 1/3 of their final grade). I highly recommend the book. I've now read it three times, and continue to find it both enlightening and unsettling. (I'm also a big fan of Murphy's essay, "Law Like Love." This piece asks, "what would law -- particularly criminal law [and punishment theory] -- be like if we regarded love (agape) as the first virtue of social and legal institutions?") Here is a blurb from the SSRN abstract for "Getting Even":
This book - drawing from the resources of philosophy, law, psychology, religion, and literature - argues that vindictive emotions (anger, resentment, and the desire for revenge) deserve a more legitimate place in our moral, emotional, legal and even religious lives than we currently recognize and that forgiveness, though often a great virtue, deserves to be more cautiously and selectively granted.
And, here is a review, published a few years ago in First Things.
I cannot say with any confidence -- at least, not yet -- how my "critical review" option is perceived by my students, but I'd welcome reactions from Prawfsblawggers and readers. The idea, I guess, has been to provide students with a way -- if they want to -- to explore "punishment theory" questions in more depth than an essay question on a three-hour exam permits, and also to give those students who are (or who think they are, or who fear they might be) not-so-good at showing what they've learned on exams another, separate chance to do so. The option has resulted in considerably more pre-Christmas exam reading than I would otherwise have, but I think I'm happy with it.
Posted by Rick Garnett on December 19, 2005 at 02:01 PM | Permalink
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Comments
Bruce, on the "scare quotes" thing . . . I don't know why I used them. I didn't mean to communicate anything in particular. The critical review is worth 1/3 of the final grade. Responding to Doug, 24 of my 59 students elected to write the review (last year, the number was only 10). As for the effect on the students' grades, I cannot say (yet) how many students improved their grade by writing the review, but I did make it clear that no student could worsen his or her grade by writing it. (That is, if the review didn't help, it didn't count).
Posted by: Rick Garnett | Dec 21, 2005 11:44:02 AM
Why is "worth" in scare quotes? Do you mean that you don't like thinking of grades as values? Or that you use some fuzziness in how large a portion of the final grade the essay is? If the latter I'm curious what your method is.
Posted by: Bruce | Dec 19, 2005 5:44:41 PM
What an interesting (and effective?) way to give student a partial opt-out from making their whole grade depend on the exam. I'm curious: what percent of the class took up the offer (eventually, I'll also be curious how many actually made their final grade worse by taking up the offer).
I like the idea substantively, as well as procedurally, but I am most engaged by the effort to explore alternatives to the in-class exam method of gauging student performance.
Posted by: Doug B. | Dec 19, 2005 5:15:14 PM
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