论美国刑罚理论发展中的边际主义路线

西方经济学上的边际革命对美国现代刑法学的发展产生了重要影响.在美国刑罚理论的发展上,形成了一条区别于传统路线的边际主义路线.这条路线确立了新的刑罚目的观念——从个人角度出发的犯罪预防目的,既与报应刑观念不同,也与基于社会防卫的目的刑观念不同;它建立了微观的、定量的、动态的刑罚认识与分析模式,对传统路线下的宏观、定性的、静态的模式产生了强烈冲击.当前,边际主义路线的研究热点当属边际威慑分析.

On the Marginalist Route in the Development of American Punishment Theory

Marginal revolution in economics has had great effects on the development of the studies of criminal law. As regards the punishment theory, a marginalist route different from conventional one emerged in the late nineteenth century. As it develops, the route has formed new ideas on the purpose of punishment based on individual demand and utility, which differs from the idea of retribution and one of crime prevention based on social protection. It has also built new mode of microscopic, quantitative and dynamic analysis of punishment, which strongly impacts the traditional one. At present, the hot spot in the marginalist route studies is marginal deterrence.