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Distributive Principles of Criminal Law: Who Should be Punished How Much

Paul H. Robinson

Published in print:
2008
Published Online:
January 2009
ISBN:
9780195365757
eISBN:
9780199867684
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195365757.001.0001
Subject:
Law, Criminal Law and Criminology

The rules governing who will be punished and how much determine a society's success in two of its most fundamental functions: doing justice and protecting citizens from crime. Drawing from the ... More


Hybrid Distributive Principles

Paul H. Robinson

in Distributive Principles of Criminal Law: Who Should be Punished How Much

Published in print:
2008
Published Online:
January 2009
ISBN:
9780195365757
eISBN:
9780199867684
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195365757.003.0011
Subject:
Law, Criminal Law and Criminology

This chapter discusses the construction of an articulated hybrid distributive principle. When alternative principles conflict, a principled hybrid must define which of the competing principles is to ... More


Competing Conceptions of Desert: Vengeful, Deontological, and Empirical

Paul H. Robinson

in Distributive Principles of Criminal Law: Who Should be Punished How Much

Published in print:
2008
Published Online:
January 2009
ISBN:
9780195365757
eISBN:
9780199867684
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195365757.003.0007
Subject:
Law, Criminal Law and Criminology

This chapter examines desert as a distributive principle. It considers the three conceptions of desert evident in the present debates over the propriety of desert as a distributive principle: ... More


Rehabilitation

Paul H. Robinson

in Distributive Principles of Criminal Law: Who Should be Punished How Much

Published in print:
2008
Published Online:
January 2009
ISBN:
9780195365757
eISBN:
9780199867684
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195365757.003.0005
Subject:
Law, Criminal Law and Criminology

This chapter addresses the question of whether rehabilitation would make a good distributive principle for liability and punishment. It shows that skepticism about its effectiveness has resulted in ... More


Incapacitation of the Dangerous

Paul H. Robinson

in Distributive Principles of Criminal Law: Who Should be Punished How Much

Published in print:
2008
Published Online:
January 2009
ISBN:
9780195365757
eISBN:
9780199867684
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195365757.003.0006
Subject:
Law, Criminal Law and Criminology

This chapter examines incapacitation as a distributive principle. It discusses how and why the current system's preventive detention measures are cloaked as criminal justice, and shows the justice ... More


The Utility of Desert

Paul H. Robinson

in Distributive Principles of Criminal Law: Who Should be Punished How Much

Published in print:
2008
Published Online:
January 2009
ISBN:
9780195365757
eISBN:
9780199867684
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195365757.003.0008
Subject:
Law, Criminal Law and Criminology

This chapter focuses on the crime-control value of the empirical desert. It argues that a number of specific crime-control powers become available to a system if, and only if, it earns with the ... More


The Legitimacy Problem and Fair Process

Norman Daniels and James E. Sabin

in Setting Limits Fairly: Can we learn to share medical resources?

Published in print:
2002
Published Online:
September 2009
ISBN:
9780195149364
eISBN:
9780199865123
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195149364.003.0003
Subject:
Public Health and Epidemiology, Public Health, Epidemiology

This chapter substantiates the claim that we need an account of fair process, showing that commonly advocated alternative accounts of fairness and legitimacy cannot work, at least when taken by ... More


The Argument from Distribution

Shelly Kagan

in How to Count Animals, more or less

Published in print:
2019
Published Online:
April 2019
ISBN:
9780198829676
eISBN:
9780191868177
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198829676.003.0004
Subject:
Philosophy, Moral Philosophy

Most people embrace one or another distributive principle (such as a principle of equality, or desert, or views like prioritarianism, or sufficientarianism). But if the unitarian is correct and ... More


Means and ends

Ben Jackson

in Equality and the British Left: A Study in Progressive Political Thought, 1900-64

Published in print:
2011
Published Online:
July 2012
ISBN:
9780719073069
eISBN:
9781781701454
Item type:
chapter
Publisher:
Manchester University Press
DOI:
10.7228/manchester/9780719073069.003.0007
Subject:
Political Science, UK Politics

An important feature of the ensuing debate about the nature of socialism was a renewed engagement with the ideal of equality. This chapter begins by examining the well-known debate in this period ... More


Dignity, Equality, and Comparison

Denise Réaume

in Philosophical Foundations of Discrimination Law

Published in print:
2013
Published Online:
April 2014
ISBN:
9780199664313
eISBN:
9780191748486
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199664313.003.0002
Subject:
Law, Philosophy of Law, Human Rights and Immigration

This chapter explores the comparative dimension of discrimination, in particular, in cases where courts' use comparison to assess equality claims. The language of comparison in cases indicates the ... More


Hierarchy and the Value of Outcomes

Shelly Kagan

in How to Count Animals, more or less

Published in print:
2019
Published Online:
April 2019
ISBN:
9780198829676
eISBN:
9780191868177
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198829676.003.0005
Subject:
Philosophy, Moral Philosophy

Acceptable versions of distributive principles will take status into account, so that an animal at a given level of well-being will, by virtue of its lower status, have a correspondingly weaker ... More


Justice, Exploitation, and the End of Morality

Alan Ryan

in The Making of Modern Liberalism

Published in print:
2012
Published Online:
October 2017
ISBN:
9780691148403
eISBN:
9781400841950
Item type:
chapter
Publisher:
Princeton University Press
DOI:
10.23943/princeton/9780691148403.003.0033
Subject:
Philosophy, Political Philosophy

This chapter examines exploitation—what it is for somebody to be exploited, in what ways people can be and are exploited, whether exploitation necessarily involves coercion, what Karl Marx's ... More


Sufficiency and Equality

Sungmoon Kim

in Democracy after Virtue: Toward Pragmatic Confucian Democracy

Published in print:
2018
Published Online:
May 2018
ISBN:
9780190671235
eISBN:
9780190671266
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780190671235.003.0006
Subject:
Political Science, Political Theory, Democratization

This chapter explores a distributive principle that is integral to pragmatic Confucian democracy—what I call Confucian democratic sufficientarianism. Confucian democratic sufficientarianism ... More


The Difficulties of Deterrence as a Distributive Principle

Paul H. Robinson

in Criminal Law Conversations

Published in print:
2011
Published Online:
April 2015
ISBN:
9780199861279
eISBN:
9780190260071
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:osobl/9780199861279.003.0005
Subject:
Law, Criminal Law and Criminology

This chapter presents an authoritative overview of the difficulties of deterrence as a distributive principle. It considers three conditions that must be met in order for the formulation of a ... More


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