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Intuitions of justice and the utility of desert
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Intuitions of justice and the utility of desert

Paul H. Robinson

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Contents

The nature of judgements about justice
Judgements about justice as intuitional and nuanced
Judgements about justice as a human universal: agreements on a core of wrongdoing
The origins of shared intuitions of justice
Disagreements about justice
Changing people's judgements of justice
Should the criminal law care what the lay person thinks is just?
Current law's deference to lay judgements of justice
Current law's conflicts with lay judgements of justice
Normative crime control: the utility of desert
Building moral credibility and the disutility of injustice
Deviations from empirical desert
Implications for criminal justice and other reform
The content of lay judgements of justice
Rules of conduct: doctrines of criminalization
Rules of conduct: doctrines of justification
Principles of adjudication: doctrines of culpability
Principles of adjudication: doctrines of excuse
Principles of adjudication: doctrines of grading
Law-community agreement and conflict, and its implications
Empirical studies of lay judgements of justice as a law and policy tool
Explaining history: shifting views of criminality
Testing competing theories: blackmail
Testing competing theories: justification defenses
Guiding judicial discretion: extralegal punishment factors
Intuitions of justice & the utility of desert.

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Intuitions of justice and the utility of desert by Paul H. Robinson. ISBN 9780199917723. Published by Oxford University Press in 2013. Publication and catalogue information, links to buy online and reader comments.

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