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Tuesday, September 07, 2010

What Might Retributive Justice Be?

I have a new draft up on SSRN. Those of you teaching criminal law or sentencing law this semester or next may find it of interest as a possible teaching supplement. The paper is titled, What Might Retributive Justice Be?  Here's the abstract:

There are many conceptions of retributive justice. This paper is designed to articulate and defend a particular kind of retributive justice, one that I call the “Confrontational Conception of Retributivism,” or the CCR. This particular conception is political, not comprehensive, and thus is interested in defending the claim that *state* punishment is, as a general matter, warranted as a response to *legal* wrongdoing. Accordingly, the focus is on the legal manifestations of punishment, particularly within a liberal democracy; it is not concerned with justifying punishment in other spheres such as parent-child relations. Related to this account of state punishment is that its contours should be devised principally ex ante and that such punishment should be distributed through actors upon whom there are checks with respect to their remaining discretion.

The paper here is a chapter in a volume forthcoming from Oxford including essays on the theory and practice of retributive justice. My paper in particular is an effort at restating, clarifying and correcting some of my prior work in retributive justice theory. It is, relatively speaking, reasonably short and might serve as a useful introduction for students and scholars wading into contemporary retributive justice theory.

Posted by Administrators on September 7, 2010 at 09:05 PM in Article Spotlight, Criminal Law, Dan Markel, Legal Theory | Permalink

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