Jurisprudence Panel 1

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A communitarian strand of thought has come to renewed prominence in criminal theory. Philosophically, under the heading “reconstructivism,” the theory argues that criminal law’s organizing end is not chiefly retribution or utility, but the reconstruction of a community’s shared ethical life in the wake of a crime. Politically, under the heading “democratization,” the theory argues that the United State’s present crisis of criminal justice is rooted in a set of bureaucratic attitudes, structures, and incentives divorced from the American public’s concerns and sense of justice. The primary solution is to make criminal justice more community focused and responsive to lay influences. This panel will discuss these “reconstructive” and “democratizing” ideas. What should legal philosophers and criminal lawyers make of them? Are they consistent with political liberalism, and if not, is that a problem? What do they imply for downstream issues of criminalization, sentencing, procedure, policing, and related considerations?

 

The Section Award ceremony will take place after the conclusion of Panel 1.