Oxford Journal of Legal Studies 18 (3):409-447 (1998)

Abstract
The authors use social science methodology to determine whether a doctrinal shift—from an objectivist view of criminality in the common law to a subjectivist view in modem criminal codes—is consistent with lay intuitions of the principles of justice. Commentators have suggested that lay perceptions of criminality have shifted in a way reflected in the doctrinal change, but the study results suggest a more nuanced conclusion: that the modern lay view agrees with the subjectivist view of modern codes in defining the minimum requirements of criminality, but prefers the common law's objectivist view of grading the punishment deserved. The authors argue that there is practical value in having criminal law track shared community intuitions of the proper rules for assigning liability and punishment. For that reason, the study results support the often criticized subjectivist view of modern codes in setting the minimum requirements of liability, but disapprove of the modern codes' shift away from the common law's objectivist view of grading
Keywords No keywords specified (fix it)
Categories (categorize this paper)
DOI 10.1093/ojls/18.3.409
Options
Edit this record
Mark as duplicate
Export citation
Find it on Scholar
Request removal from index
Revision history

Download options

PhilArchive copy


Upload a copy of this paper     Check publisher's policy     Papers currently archived: 65,784
Through your library

References found in this work BETA

No references found.

Add more references

Citations of this work BETA

No citations found.

Add more citations

Similar books and articles

Ethical Objectivity and Moral Education.Brenda Cohen - 1983 - Journal of Moral Education 12 (2):131-136.
The Concept of Health and Disease.József Kovács - 1998 - Medicine, Health Care and Philosophy 1 (1):31-39.
Pain, Dislike and Experience.Guy Kahane - 2009 - Utilitas 21 (3):327-336.
Marxism and the Criminal Question.Luigi Ferrajoli & Danilo Zolo - 1985 - Law and Philosophy 4 (1):71 - 99.
Social Constructionism: Homogenizing the World, Negating Embodied Experience.Steen Halling & Charles Lawrence - 1999 - Journal of Theoretical and Philosophical Psychology 19 (1):78-89.
Subjectivist Cosmopolitanism and the Morality of Intervention.Edward Song - 2010 - Journal of Social Philosophy 41 (2):137-151.
Virtue, Vice and the Criminal Law - A Response to Huigens and Yankah.R. A. Duff - 2013 - In H. H. Lai & A. Amaya (eds.), Law, Virtue and Justice. Oxford: Hart Publishing. pp. 195-214.
Towards a Reasonable Objectivism for Aesthetic Judgements.Elisabeth Schellekens - 2006 - British Journal of Aesthetics 46 (2):163-177.

Analytics

Added to PP index
2013-12-09

Total views
58 ( #188,543 of 2,463,155 )

Recent downloads (6 months)
1 ( #449,391 of 2,463,155 )

How can I increase my downloads?

Downloads

My notes