Intuitions of Justice and the Utility of Desert

Hardcover | May 17, 2013

byPaul H. Robinson

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Research suggests that people of all demographics have nuanced and sophisticated notions of justice. In this intriguing new book, Paul H. Robinson demonstrates that judicial decisions that deviate from public conceptions of justice and desert can seriously undermine the American criminaljustice system's integrity and legitimacy by failing to recognize or meet the needs of the communities it serves. Intuitions of Justice and the Utility of Desert sketches the contours of a wide range of lay conceptions of justice, touching many if not most of the issues that penal code drafters or policy makers must face, including normative crime control, universal understandings of justice, culpability,principles of adjudication, grading sentencing, justification defenses, and judicial discretion. Robinson warns that compromising the American criminal justice system to satisfy other interests can uncover hidden the costs incurred when a community's notions about justice are not reflected in itscriminal laws. By ignoring the intuitions of justice held by the communities they serve, legislators, policymakers, and judges undermine the relevance of the criminal justice system and reduce its strength and legitimacy, creating a gap between what justice a community needs and what justice a courtor law prescribes.

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Research suggests that people of all demographics have nuanced and sophisticated notions of justice. In this intriguing new book, Paul H. Robinson demonstrates that judicial decisions that deviate from public conceptions of justice and desert can seriously undermine the American criminaljustice system's integrity and legitimacy by fail...

Paul H. Robinson is the Colin S. Diver Professor of Law at the University of Pennsylvania, and is a leading expert on criminal law. Professor Robinson holds law degrees from U.C.L.A., Harvard, and Cambridge. He has served as a federal prosecutor, as counsel for the U.S. Senate Subcommittee on Criminal Law, and as one of the original c...

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Format:HardcoverDimensions:592 pages, 9.25 × 6.12 × 0.98 inPublished:May 17, 2013Publisher:Oxford University PressLanguage:English

The following ISBNs are associated with this title:

ISBN - 10:0199917728

ISBN - 13:9780199917723

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Table of Contents

Preface and AcknowledgmentsSelected Robinson BibliographyPart I. The Nature of Judgments About Justice1. Judgments About Justice as Intuitional and Nuanced2. Judgments About Justice as a Human Universal: Agreements on a Core of Wrongdoing3. The Origins of Shared Intuitions of Justice4. Disagreements About Justice5. Changing People's Judgments of JusticePart II. Should the Criminal Law Care What the Lay Person Thinks Is Just?6. Current Law's Deference to Lay Judgments of Justice7. Current Law's Conflicts with Lay Judgments of Justice8. Normative Crime Control: The Utility of Desert9. Building Moral Credibility and the Disutility of Injustice10. Deviations from Empirical Desert11. Implications for Criminal Justice and Other ReformPart III. The Content of Lay Judgments of Justice12. Rules of Conduct: Doctrines of Criminalization13. Rules of Conduct: Doctrines of Justification14. Principles of Adjudication: Doctrines of Culpability15. Principles of Adjudication: Doctrines of Excuse16. Principles of Adjudication: Doctrines of Grading17. Law-Community Agreement and Conflict, and Its ImplicationsPart IV. Empirical Studies of Lay Judgments of Justice as a Law and Policy Tool18. Explaining History: Shifting Views of Criminality19. Testing Competing Theories: Blackmail20. Testing Competing Theories: Justification Defenses21. Guiding Judicial Discretion: Extralegal Punishment Factors22. Intuitions of Justice and the Utility of Desert