Law in Contemporary Society

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AnjaHavedalThirdPaper 3 - 29 Jun 2009 - Main.EbenMoglen
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The Nature of Crime and the Purpose of Punishment

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 All of this said, and I still do not know what to do with Madoff.
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  • Yes, all of this said and you haven't made any progress on your well-chosen (if not exactly recondite) topic.

  • This is therefore the draft before the draft. You have written around your subject enough to know that you have picked a good subject, because the usual stuff said in the usual way is unsatisfying. You mash up several different points of view (you begin by saying that retribution has been our central theory of criminal punishment, only to say a graf later that it has been incapacitation and general deterrence), you assert that rehabilitation doesn't work, and that deterrence doesn't either (on the basis of a single exceptional anecdote, although much better evidence for your proposition is available), and then skip to the "social roots of crime" analysis that joins the 18th century radical, the 19th century liberal, and the 20th century progressive in a multi-generational parade of "right before their time."

  • But none of it is helpful in dealing with Madoff, as you say. So now it becomes necessary to write the draft that one writes after one realizes that all the stuff everybody says all the time doesn't really explain anything. If you seriously set about doing it, and find a way to express your exploration and discoveries in 1,000 words, you will have a memorable and irreversible intellectual experience. Go for it.
 
META TOPICMOVED by="AnjaHavedal" date="1242287912" from="Sandbox.AnjaHavedalThirdPaper" to="LawContempSoc.AnjaHavedalThirdPaper"

Revision 3r3 - 29 Jun 2009 - 16:13:17 - EbenMoglen
Revision 2r2 - 30 May 2009 - 21:13:14 - AnjaHavedal?
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