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Law and Philosophy - 相似文献
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David Dolinko 《Criminal Law and Philosophy》2012,6(1):93-102
This is a review of the challenging book in which Larry Alexander and Kimberly Ferzan propose sweeping revisions to the structure
of substantive criminal law. 相似文献
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Retributivism is commonly taken as an alternative to a consequentialist justification of punishment. It has recently been suggested, however, that retributivism can be recast as a consequentialist theory. This suggestion is shown to be untenable. The temptation to advance it is traced to an intrinsic good claim prominent in retributive thinking. This claim is examined, and is argued to be of little help in coping with the difficulties besetting the retributive theory, as well as clashing with a desert claim equally central to that theory. 相似文献
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David Dolinko 《Law and Philosophy》1994,13(4):493-524
One prominent contemporary retributivist theory is built on the notion that crime yields an “unfair advantage” over law-abiding
citizens which punishment removes or nullifies. Michael Davis has defended this theory by constructing a market model of “unfair
advantage” that he contends answers critics' objections to the retributivist enterprise. I seek to demonstrate the inadequacy
of Davis's approach, arguing in particular that the market model rests on an incoherent notion of “demand” and would not,
even if coherent, link “unfair advantage” to the seriousness of crimes in any acceptable fashion. The salience of traditional
objections to retributivism is thus unaffected by Davis's theory. 相似文献
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