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Are 'optimistic' theories of criminal justice psychologically feasible? The probative case of civic republicanism

Funk, Friederike; McGeer, Victoria


‘Optimistic’ normative theories of criminal justice aim to justify criminal sanction in terms of its reprobative/rehabilitative value rather than its punitive nature as such. But do such theories accord with ordinary intuitions about what constitutes a ‘just’ response to wrongdoing? Recent empirical work on the psychology of punishers suggests that human beings have a ‘brutely retributive’ moral psychology, making them unlikely to endorse normative theories that sacrifice retribution for the...[Show more]

CollectionsANU Research Publications
Date published: 2017
Type: Journal article
Source: Criminal law and philosophy
DOI: 10.1007/s11572-015-9381-2


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