Home -> Law Blog Directory -> Criminal Law Blogs -> Sentencing Law and Policy

Criminal Law

: Sentencing Law and Policy

"What Might Retributive Justice Be?"

By Douglas A. Berman

The title of this post is a question I often enjoy asking my students.  It is also the title of this new piece from Professor Dan Markel available via SSRN.  Here is 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...continue to full post

Full post as published by Sentencing Law and Policy on September 05, 2010 (boomark / email).