Law-Community Agreement and Conflict, and Its Implications
Document Type
Book Chapter
Publication Date
4-1-2013
Abstract
This chapter first discusses how the criminal law does often agree with community intuitions, but it also often conflicts with lay judgments of justice. It builds on the discussion of the “utility of desert,” in Chapter 8 and elaborates further on the implications of these conflicts. It explains that the community and the law often differ not just in their result but in their general approach to assessing liability. It considers the interesting attraction that test subjects had for using the “liability but no punishment” option commonly given to them in the research studies. Finally, it examines whether the use of a jury system has implications for the present research findings.
Keywords
criminal law, justice, lay judgments, community view, utility of desert, criminal liability, punishment, jury system
Publication Title
Intuitions of Justice and the Utility of Desert
Repository Citation
Robinson, Paul, "Law-Community Agreement and Conflict, and Its Implications" (2013). Book Chapters. 144.
https://scholarship.law.upenn.edu/faculty_chapters/144
https://doi.org/10.1093/acprof:oso/9780199917723.003.0017
DOI
https://doi.org/10.1093/acprof:oso/9780199917723.003.0017