This lecture offers a broad review of current punishment theory debates and the alternative distributive principles for criminal liability and punishment that they suggest. This broader perspective attempts to explain in part the Model Penal Code's recent shift to reliance upon desert and accompanying limitation on the principles of deterrence, incapacitation, and rehabilitation.
Date of Authorship for this Version
punishment theory, distributive principle for criminal liability and punishment, deterrence, incapacitation of the dangerous, rehabilitation, empirical desert, deontological desert, Model Penal Code
Robinson, Paul H., "The Ongoing Revolution in Punishment Theory: Doing Justice as Controlling Crime" (2009). Scholarship at Penn Law. Paper 294.