Lawyering Theory Colloquium: Crime and Punishment
Professors Anthony Amsterdam and Jerome Bruner
Spring 2009
Thursday, 4:00-6:50 p.m.
Furman Hall, Room C-10
L06.3555.001
3 credits
The law defines crimes and grades their severity according to the harm they do and the culpability of the perpetrator's intentions. Punishment supposedly should fit the crime and the offender. But two sets of ideas contend to define what is "fit." One centers on retribution, insisting that criminals should suffer loss commensurate with their victims'. The other centers on restoration, insisting that punishment should be no harsher than necessary to rehabilitate offenders. Retribution resonates with vengeance, just deserts, atonement; restoration with compassion, forgiveness, mercy. To explore these themes and how they play out in criminal sentencing, the Colloquium will examine judicial opinions; transcripts of lawyers' sentencing arguments; literary and dramatic writings and films; historical, philosophical and ethical works. Teams of students write weekly papers, some analytic, some performative (like short plays); grading is based on these and class discussion.