The Utility of Desert
This chapter focuses on the crime-control value of the empirical desert. It argues that a number of specific crime-control powers become available to a system if, and only if, it earns with the community a reputation as a reliable moral authority. How such a reputation can be won and lost is examined. The chapter then considers how a distributive principle might be constructed that would earn such a reputation for moral credibility and some of the problems that might be encountered in the effort.
empirical desert, Distributive Principle, crime control, punishment, moral credibility
Distruptive Principles of Criminal Law: Who Should be Punished How Much
Robinson, Paul, "The Utility of Desert" (2008). Book Chapters. 167.