Criminal Law and Philosophy 1 (3):307-326 (2007)
Commentators have contested the role of resulting harm in criminal law since the time of Plato. Unfortunately, they have neglected what may be not only the best discussion of the issue, but also the first - namely, Plato's one-paragraph discussion in the "Laws." Plato's discussion succeeds in reconciling two, seemingly irreconcilable viewpoints that till now have been in stalemate. Thus, Plato reconciles the view, that an offender's desert is solely a function of his subjective willingness to act in disregard of the legitimate interests of others, with the view that criminal sentences can appropriately be made to depend upon how indignant, angry, and upset society is at an offender based upon the results of his culpable conduct. In doing so, Plato casts light on retributive theories of punishment by suggesting that an adjudicator can be committed to retribution and yet rightly believe that it is inappropriate to give an offender the full punishment he deserves. He also lays a basis for the view that causation, rather being predicates for the just punishment of offenders toward whom the public is intuitively angry for harm, is the consequence of the public's being intuitively angry at offenders for harm
|Keywords||Harm Desert Punishment Plato Causation|
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References found in this work BETA
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An Introduction to the Principles of Morals and Legislation.Jeremy Bentham - 1780 - Dover Publications.
Why Attempts Deserve Less Punishment Than Complete Crimes.Michael Davis - 1986 - Law and Philosophy 5 (1):1 - 32.
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Citations of this work BETA
The Significance of Transferred Intent.Peter Westen - 2013 - Criminal Law and Philosophy 7 (2):321-350.
The Philosophy of Criminal Law: Extending the Debates. [REVIEW]Douglas Husak - 2013 - Criminal Law and Philosophy 7 (2):351-365.
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