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VERSION:2.0
PRODID:icalendar-ruby
CALSCALE:GREGORIAN
METHOD:PUBLISH
BEGIN:VEVENT
DTSTAMP:20260618T072546Z
UID:https://csl.mpg.de/events/34749/570352
DTSTART:20231017T161500Z
DTEND:20231017T181500Z
CLASS:PUBLIC
CREATED:20230607T054028Z
DESCRIPTION:A dominant theme in criminal law theory is that censure and pun
 ishment are appropriate only insofar as they are proportional responses to
  culpable actions. The problem is that much of existing criminal law does 
 not fit this model. A number of responses to this mismatch have been propo
 sed. Perhaps the criminal law should be reformed to match the theory\; per
 haps we can do more to understand how even violations of mala prohibita of
 fenses are culpable\; perhaps we need to take this connection as aspiratio
 nal but not strictly binding\; or perhaps we should recognize that the con
 nection between punishment and culpable actions is just a misguided ideolo
 gical fixation—in truth\, we are better off using a utilitarian concepti
 on of the criminal law\, according to which it is just a tool to be used t
 o deter potential criminal action and incapacitate potential criminals in 
 whatever way best serves society. I reject all of these options and defend
  a different account. I argue that the criminal justice system draws on tw
 o normative frameworks. Criminal law properly conceived calls for and lice
 nses censure and punishment\, but only insofar as they are proportional re
 sponses to culpable actions. Penal law operates as a complement to crimina
 l law. It is not responsive (at least not in the same way) to the culpabil
 ity of action\, and it grounds no censure. But it allows for penalties tha
 t exceed those that would be proportional to the culpability of an action 
 (and certainly than those that fit <i>Ordnungswidrigkeiten</i>). It is als
 o responsive to\, in ways the criminal law is not\, the benefits of incapa
 citating the dangerous. It can do these things because it operates on a se
 parate basis: not retributive response to culpable action but fair forfeit
 ure of the right not to be penalized. These two foundations can be harmoni
 zed to provide a normative account of the criminal justice system that fit
 s the law reasonably well but still has some revisionist force.\nSpeaker: 
 Prof. Alec Walen (Rutgers Law School)\nVideo: with video podcast (link wit
 hin this webpage)
LAST-MODIFIED:20231110T142237Z
LOCATION:Freiburg/Germany\, Fürstenbergstr. 19\, Room: Seminar room (F 113
 ) | Guests are welcome\; please register
ORGANIZER;CN="Max Planck Institute for the Study of Crime, Security and Law
 ":mailto:c.hillemanns@csl.mpg.de
SUMMARY:Max Planck Guest Lecture: The Limits of Culpability: Why the Crimin
 al Justice System Needs a Complementary Foundation in Fair Forfeiture
URL;VALUE=URI:https://csl.mpg.de/events/34749/570352
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