Stephen P Garvey
Biographic Data
| ID | 5989400 |
|---|---|
| NAME | Stephen P Garvey |
| GIVEN NAMES | Stephen P |
| FAMILY NAME | Garvey |
| SIGNATURE | GARVEY S P |
| AFFILIATIONS | Cornell Law School |
| VERIFIED | No |
| TOTAL WORKS | 6 |
| TOTAL CITATIONS | 2 |
| WORKS AS AUTHOR | 5 |
| WORKS AS EDITOR | 1 |
| FIRST PUBLICATION YEAR | 1998 |
| LATEST PUBLICATION YEAR | 2011 |
| H-INDEX | 1 |
A Hegelian Criminal Law
Alan Brudner has produced a rare and beautiful work of scholarship. Drawing inspiration from Hegel, he provides us with a comprehensive and novel theory of the criminal law. This review article has two parts. The first gives an overview of Brudner's theory. The second suggests that Brudner's theory of punishment might be portrayed as an expressive rendering of the fair-play theory
Beyond Repair
Can the death penalty be administered in a just way—without executing the innocent, without regard to race, and without arbitrariness? How does capital punishment in the United States fit with international human rights law? These are among the questions that leading legal scholars and journalists explore in Beyond Repair? All new, the essays in this collection focus on the period since 1976, when the Supreme Court held that capital punishment, i…
Two Kinds of Criminal Wrongs
I distinguish two kinds of criminal wrongs. A wrongdoer who acts in defiance of his conscience is guilty of what I call a wicked wrong. A wrongdoer who does not act in defiance of his conscience is guilty of what I call a vicious wrong. The distinction derives from a conception of immorality often associated with the Christian tradition. The distinction is important because it determines the moral message a wrongdoer should try to send through th…
By Nature Equal
Can Shaming Punishments Educate?
So-called penalties have received a fair amount of attention in the popular press and, thanks primarily to the work of Dan Kahan and Toni Massaro, in the legal literature as well. Unfortunately, the current debate focuses on shame as the main way to understand what these penalties are all about. I argue that at least some of these so-called penalties are better understood as educative penalties. I develop this and contrast it with the shaming I a…
Freeing Prisoners' Labor
Although labor was central to the internal life of the early penitentiary, it has virtually vanished from today's prison. In this article, Professor Garvey proposes making labor once again a key part of the prison regime. During the decades surrounding the turn of the century, organized labor and business successfully lobbied for protectionist state and federal legislation that prohibited private firms from contracting for prison labor and sellin…
Two Kinds of Criminal Wrongs
I distinguish two kinds of criminal wrongs. A wrongdoer who acts in defiance of his conscience is guilty of what I call a wicked wrong. A wrongdoer who does not act in defiance of his conscience is guilty of what I call a vicious wrong. The distinction derives from a conception of immorality often associated with the Christian tradition. The distinction is important because it determines the moral message a wrongdoer should try to send through th…
Freeing Prisoners' Labor
Although labor was central to the internal life of the early penitentiary, it has virtually vanished from today's prison. In this article, Professor Garvey proposes making labor once again a key part of the prison regime. During the decades surrounding the turn of the century, organized labor and business successfully lobbied for protectionist state and federal legislation that prohibited private firms from contracting for prison labor and sellin…
Can Shaming Punishments Educate?
So-called penalties have received a fair amount of attention in the popular press and, thanks primarily to the work of Dan Kahan and Toni Massaro, in the legal literature as well. Unfortunately, the current debate focuses on shame as the main way to understand what these penalties are all about. I argue that at least some of these so-called penalties are better understood as educative penalties. I develop this and contrast it with the shaming I a…
Freeing Prisoners' Labor
Although labor was central to the internal life of the early penitentiary, it has virtually vanished from today's prison. In this article, Professor Garvey proposes making labor once again a key part of the prison regime. During the decades surrounding the turn of the century, organized labor and business successfully lobbied for protectionist state and federal legislation that prohibited private firms from contracting for prison labor and sellin…
By Nature Equal
Beyond Repair
Can the death penalty be administered in a just way—without executing the innocent, without regard to race, and without arbitrariness? How does capital punishment in the United States fit with international human rights law? These are among the questions that leading legal scholars and journalists explore in Beyond Repair? All new, the essays in this collection focus on the period since 1976, when the Supreme Court held that capital punishment, i…
Two Kinds of Criminal Wrongs
I distinguish two kinds of criminal wrongs. A wrongdoer who acts in defiance of his conscience is guilty of what I call a wicked wrong. A wrongdoer who does not act in defiance of his conscience is guilty of what I call a vicious wrong. The distinction derives from a conception of immorality often associated with the Christian tradition. The distinction is important because it determines the moral message a wrongdoer should try to send through th…
A Hegelian Criminal Law
Alan Brudner has produced a rare and beautiful work of scholarship. Drawing inspiration from Hegel, he provides us with a comprehensive and novel theory of the criminal law. This review article has two parts. The first gives an overview of Brudner's theory. The second suggests that Brudner's theory of punishment might be portrayed as an expressive rendering of the fair-play theory
Criminology (5 works) · Political science (5 works) · Psychology (4 works) · Sociology (4 works) · Law (3 works) · Law and economics (3 works) · Computer Science (2 works) · Epistemology (2 works) · Free Will and Agency (2 works) · Law (2 works)