This book presents a comprehensive overview of what the criminal
law would look like if organized around the principle that those
who deserve punishment should receive punishment commensurate with,
but no greater than, that which they deserve. Larry Alexander and
Kimberly Kessler Ferzan argue that desert is a function of the
actor s culpability, and that culpability is a function of the
risks of harm to protected interests that the actor believes he is
imposing and his reasons for acting in the face of those risks. The
authors deny that resultant harms, as well as unperceived risks,
affect the actor s desert. They thus reject punishment for
inadvertent negligence as well as for intentions or preparatory
acts that are not risky. Alexander and Ferzan discuss the reasons
for imposing risks that negate or mitigate culpability, the
individuation of crimes, and omissions. They conclude with a
discussion of rules versus standards in criminal law and offer a
description of the shape of criminal law in the event that the
authors conceptualization is put into practice.
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