The Need for an Articulated Distributive Principle

Document Type

Book Chapter

Publication Date

9-25-2008

Abstract

Each of the justifications for punishment, or “purposes” as they are often called, might be used as a distributive principle for criminal liability and punishment. This chapter begins with a discussion of the criterion for each alternative distributive principle. It then considers conflicts among distributive principles and the problem of unarticulated combinations of distributive principles.

Keywords

purposes, deterrence, incapacitation, rehabilitation, criminal liability, punishment

Publication Title

Distributive Principles of Criminal Law: Who Should be Punished How Much

DOI

https://doi.org/10.1093/acprof:oso/9780195365757.003.0002

Share

COinS