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On Difference and Equality

Legal Theory 3 (1):65-99 (1997)

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  1. Justifying Punishment.Theodore Y. Blumoff - 2001 - Canadian Journal of Law and Jurisprudence 14 (2):161-211.
    Our reactions to actual crime-disbelief about the act committed, anger at the hurt caused, a desire to get even, and fear for ourselves and our children-arrive in an indecipherable rush of emotion. We perceive strong, intuitive, and sometimes oppositional reactions at once. So it is little wonder that no single traditional moral justification for punishment is satisfactory. Traditional theories, both retributive and utilitarian, are grounded in a priori truths that ignore the convergence of the theoretical, the practical and the emotional (...)
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