Document Type

Article

Publication Date

2014

Abstract

This essay argues that community views ought to have a central role in constructing criminal law and punishment rules, for both democratic and crime-control reasons, but ought not to have a role in the adjudication of individual cases. The differences in the American and Chinese debates on these issues are examined and discussed.

Publication Citation

in Popular Punishment: On the Normative Significance of Public Opinion (Jesper Ryberg and Julian A. Roberts eds., Oxford University Press 2014).

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