Response to My Commentators

James Whitman
unpublished
In this brief response, I concede that Professor Farmer is right to say that the dark side of penal modernism may deserve more attention than I give it, but maintain that there was a certain moral courage even in the darker claims of the movement. In response to Professor Brown I argue that the doctrinal failure of retributivism in contemporary American criminal law is a disaster foretold by the legal realists; and while I admit the force of his pessimism about the future of penal modernism in
more » ... merica, I insist that law teachers still have some hope of inculcating thoughtful professional attitudes in their students.
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