Response to My Commentators

In this brief response, I concede that Professor Farmer is right to say that the dark side of penal modernism may deserve more attention than I give it, but maintain that there was a certain moral courage even in the darker claims of the movement. In response to Professor Brown I argue that the doct...

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Bibliographic Details
Published in:Critical analysis of law : an international & interdisciplinary law review 2014-10, Vol.1 (2)
Main Author: Whitman, James Q.
Format: Article
Language:English
Online Access:Get full text
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Summary:In this brief response, I concede that Professor Farmer is right to say that the dark side of penal modernism may deserve more attention than I give it, but maintain that there was a certain moral courage even in the darker claims of the movement. In response to Professor Brown I argue that the doctrinal failure of retributivism in contemporary American criminal law is a disaster foretold by the legal realists; and while I admit the force of his pessimism about the future of penal modernism in America, I insist that law teachers still have some hope of inculcating thoughtful professional attitudes in their students.
ISSN:2291-9732
2291-9732
DOI:10.33137/cal.v1i2.22089