Intuitions of justice and the utility of desert / Paul H. Robinson.

Format:

Book

Author/Creator:

Robinson, Paul H.

Language:

English

Subjects (All):

Criminal justice, Administration of--Moral and ethical aspects.

Criminal justice, Administration of.

Criminal justice, Administration of--Philosophy.

Criminal justice, Administration of--Public opinion.

Criminal law--Moral and ethical aspects.

Criminal law.

Criminal law--Philosophy.

Criminal law--Public opinion.

Physical Description:

1 online resource (584 p.)

Place of Publication:

Oxford ; New York : Oxford University Press, c2013.

Language Note:

English

Summary:

Research suggests that people of all demographics have nuanced and sophisticated notions of justice. Intuitions of Justice and the Utility of Desert sketches the contours of a wide range of lay judgments of justice, touching many if not most of the issues that penal code drafters or policy makers must face.

Contents:

""Cover""; ""Table of Contents""; ""Preface and Acknowledgments""; ""Selected Robinson Bibliography""; ""List of Tables and Figures""; ""PART I } The Nature of Judgments about Justice""; ""1. Judgments about Justice as Intuitional and Nuanced""; ""A. Judgments about Justice as Intuitional""; ""B. The Common Wisdom: Judgments about Justice as Vague or at Best Unspecific""; ""C. The Reality: Nuanced Judgments""; ""D. Conclusion""; ""2. Judgments about Justice as a Human Universal: Agreements on a Core of Wrongdoing""; ""A. The Intuition That Serious Wrongdoing Should Be Punished""

""B. Intuitions on the Relative Seriousness of Wrongdoing""""C. Testing the Limits of Agreement""; ""D. Conclusion""; ""3. The Origins of Shared Intuitions of Justice""; ""A. An Evolutionary Explanation for Intuitions of Justice""; ""B. Empirical Support for an Evolutionary Explanation""; ""C. Alternative Explanations: General Social Learning and Efficient Norms""; ""D. Conclusion""; ""4. Disagreements about Justice""; ""A. Apparent Disagreements among Intuitions of Justice""; ""B. True Disagreements among Intuitions of Justice: Studies 3 and 4""; ""C. Conclusion""

""5. Changing People�s Judgments of Justice""""A. Proposals to Change Intuitions of Wrongdoing and Blameworthiness""; ""B. Difficulties in Changing Intuitions""; ""C. Which Intuitions of Justice Can Be Changed and Which Cannot?""; ""D. How Can Judgments of Justice Be Changed?""; ""E. Criticisms of Claims Regarding Agreement and Its Implications""; ""PART II } Should the Criminal Law Care What the Lay Person Thinks Is Just?""; ""6. Current Law�s Deference to Lay Judgments of Justice""; ""A. Rules""; ""B. Standards""; ""C. Explanations for Deference to Lay Judgments of Justice""

""7. Current Law�s Conflicts with Lay Judgments of Justice""""A. Common and Recurring Minor Conflicts""; ""B. Modern Coercive Crime-Control Rules in Conflict with Desert""; ""C. Testing the Perceived Justice of Modern Crime-Control Doctrines""; ""D. How Can a Democratic Process Produce Liability Rules That the Community Sees as Unjust?""; ""E. Conclusion""; ""8. Normative Crime Control: The Utility of Desert""; ""A. Limitations on the Traditional Coercive Crime-Control Principles: Deterrence, Incapacitation, and Rehabilitation""; ""B. Normative Crime Control: Why People Obey the Law""

""C. Deontological Desert and Empirical Desert""""D. Criticisms of Empirical Desert as a Distributive Principle""; ""E. Conclusion""; ""9. Building Moral Credibility and the Disutility of Injustice""; ""A. Recent Empirical Studies on the Disutility of Injustice""; ""B. Previous Studies""; ""C. Conclusion""; ""10. Deviations from Empirical Desert""; ""A. Inevitable Deviations: The Problem of Moral Divisions within the Community""; ""B. Right-Spirited Deviations: Promoting Justice in a Complex World""; ""C. Justifying Deviations from Empirical Desert""

""D. Deviations to Change Social Norms: Altering Empirical Desert""

Notes:

Description based upon print version of record.

Description based on print version record.

Includes bibliographical references and index.

ISBN:

0-19-933285-1

0-19-934419-1

OCLC:

851697632