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Distributive Principles of Criminal LawWho Should be Punished How Much$
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Paul H. Robinson

Print publication date: 2008

Print ISBN-13: 9780195365757

Published to Oxford Scholarship Online: January 2009

DOI: 10.1093/acprof:oso/9780195365757.001.0001

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The Need for an Articulated Distributive Principle

The Need for an Articulated Distributive Principle

(p.7) CHAPTER 2 The Need for an Articulated Distributive Principle
Distributive Principles of Criminal Law

Paul H. Robinson

Oxford University Press

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

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