Suppose we embrace the republican ideal of freedom as non-domination: freedom as immunity to arbitrary interference. In that case those acts that call uncontroversially for criminalization will usually be objectionable on three grounds: the offender assumes a dominating position in relation to the victim, the offender reduces the range or ease of undominated choice on the part of the victim, and the offender raises a spectre of domination for others like the victim. And in that case, so it appears, the (...) obvious role for punishment will be, so far as possible, to undo such evils: to rectify the effects of the crime that make it a repugnant republican act. This paper explores this theory of punishment as rectification, contrasting it with better established utilitarian and retributivist approaches. (shrink)

Tyler conducted a longitudinal study of 1,575 Chicago inhabitants to determine why people obey the law. His findings show that the law is obeyed primarily because people believe in respecting legitimate authority, not because they fear punishment. The author concludes that lawmakers and law enforcers would do much better to make legal systems worthy of respect than to try to instill fear of punishment.