Special Guest: Prof. Kimberly Ferzan
This lecture explores retributive punishment and the potential puzzles that arise when giving people what they deserve. Even if one takes giving people what they negatively deserve to be intrinsically good, one must confront questions of distribution. First, does retributivism have anything to say about the form and timing of punishment or about how to select among the deserving? That is, if the state must pick a form of punishment or must choose the kinds of crime to focus upon, does retributivism contribute to these selection questions, or are they determined by other considerations? Second, should distributions take into account differential susceptibilities to punishment or prior undeserved suffering? For instance, should it matter that the rich and poor do not experience the same fine as equally punitive?
Kimberly Kessler Ferzan
Harrison Robertson Professor of Law and Caddell & Chapman Professor of Law
University of Virginia School of Law
Kimberly Kessler Ferzan joined the University of Virginia School of Law in 2014 after serving on the faculty of Rutgers University, School of Law Camden since 2000. Ferzan teaches criminal law, evidence, advanced criminal law, and advanced law and philosophy seminars.
Ferzan's work focuses on criminal law theory. She is the co-editor in chief of Law and Philosophy, and is also on the editorial boards of Legal Theory and Criminal Law and Philosophy. She is the author of numerous articles, and the co-author of Crime and Culpability: A Theory of Criminal Law (Cambridge University Press), with Larry Alexander and Stephen Morse. Her paper, "Beyond Crime and Commitment," was selected for the 2013 American Philosophical Association's Berger Memorial Prize, for the best paper written in law and philosophy for the prior two years, and her paper, "Beyond Intention," was selected for the 2006 Stanford/Yale Junior Faculty Forum in the category of criminal law.