An excerpt from chapter 7 of Professor Frederick M. Lawrence’s book Punishing hate: bias crimes under American law, considering the often controversial debate over the treatment in law of crimes motivated by racial hatred and the wider issue of punishment theory. Articl... View more
vi Emile Durkheim, The Division of Labour in Society, 62 63 (WD Hall trans. 1984). See also Durkheim and the Law, 61-63 (Steven Lukes and A Seun, eds, 1983); Steven Lukes, Emile Durkheim: His Lije and Work, 160-163 (2d ed 1985); Robert Reiner, 'Crime, law and deviance: The Durkheim legacy', in Steve Fenton, Durkheim and Modern Sociology, 176-182 (1984).
vtl Durkheim, The Division oj Labour in Society, 62 63 viii Ibid., 63.
x See, e.g., Robert Reiner, 'Crime, law and deviance: The Durkheim legacy', 177-178.
xl Nigel Walker, Punishment, Danger and Stigma, vii (1983).
x" Ibid., 22-45. See also HLA Hart, Punishment and Responsibility, 170-173 (1968).
XU1 See, e.g., Alfred Ewing, The Morality of Punishment, (1929); Bernard Bosanquet, Some Suggestions in Ethics (1918). Ewing's attempt to produce a utilitarian theory based in part on the educative effect of punishment is discussed in Chapter 3.
XIV See, e.g., Allan J Cigler and Burdett A Loomis, eds, Interest Group Politics, (1983); Dennis C Mueller, Public Choice II, (1989); Mancur Olsen, The Logic of Collective Action: Public Goods and the Theory of Groups (1971).
xv See Paul H Robinson and John M Darley, Justice, Liability, and Blame, (1995). Professors Robinson and Darley's study of community attitudes on various issues of criminal law doctrine is the most comprehensive recent study of its kind. Their work illustrates areas of confluence and divergence of public opinion and doctrine. For their conclusions concerning the significant level of confluence where central issues of criminal law doctrine are concerned, see pages 203 204.
Xl Immanuel Kant, The Philosophy of Law, 198 (trans. Hastie 1887).
xvl " Joel Feinberg, 'The Expressive Function of Punishment,' in Joel Feinberg, Doing and Deserving, (1970), 103-104.