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Current Law’s Deference to Lay Judgments of Justice

Paul H. Robinson

in Intuitions of Justice and the Utility of Desert

Published in print:
2013
Published Online:
September 2013
ISBN:
9780199917723
eISBN:
9780199332854
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199917723.003.0006
Subject:
Law, Criminal Law and Criminology, Philosophy of Law

This chapter discusses how current American criminal law often quietly defers to lay judgments of justice. It first considers three sorts of rules common in modern criminal codes that reflect a ... More


Guiding Judicial Discretion: Extralegal Punishment Factors

Paul H. Robinson

in Intuitions of Justice and the Utility of Desert

Published in print:
2013
Published Online:
September 2013
ISBN:
9780199917723
eISBN:
9780199332854
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199917723.003.0021
Subject:
Law, Criminal Law and Criminology, Philosophy of Law

The criminal law's formal criteria for assessing punishment are typically contained in criminal codes, the rules of which fix an offender's liability and the grade of the offense. A look at how the ... More


Law-Community Agreement and Conflict, and Its Implications

Paul H. Robinson

in Intuitions of Justice and the Utility of Desert

Published in print:
2013
Published Online:
September 2013
ISBN:
9780199917723
eISBN:
9780199332854
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199917723.003.0017
Subject:
Law, Criminal Law and Criminology, Philosophy of Law

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 ... More


Disagreements about Justice

Paul H. Robinson

in Intuitions of Justice and the Utility of Desert

Published in print:
2013
Published Online:
September 2013
ISBN:
9780199917723
eISBN:
9780199332854
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199917723.003.0004
Subject:
Law, Criminal Law and Criminology, Philosophy of Law

This chapter focuses on disagreements about intuitions of justice. It first discusses how the use of ambiguous crime scenarios leads to disagreement, but only disagreement about the case facts and ... More


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