Utilizing the analytical framework of law and economics on deterrence and taking into account the two basic justifications for criminal penalties based on the arguments of ＂insolvency＂ and ＂insufficient deterrence,...Utilizing the analytical framework of law and economics on deterrence and taking into account the two basic justifications for criminal penalties based on the arguments of ＂insolvency＂ and ＂insufficient deterrence,＂ this article discusses, in light of institutional efficiency, the feasibility, advantages and potential problems of ＂commutation upon compensation.＂ The article also discusses some traditional jurisprudential issues including remedial justice, retribution and equity.展开更多
文摘Utilizing the analytical framework of law and economics on deterrence and taking into account the two basic justifications for criminal penalties based on the arguments of ＂insolvency＂ and ＂insufficient deterrence,＂ this article discusses, in light of institutional efficiency, the feasibility, advantages and potential problems of ＂commutation upon compensation.＂ The article also discusses some traditional jurisprudential issues including remedial justice, retribution and equity.
