What happened at the ALI annual meeting in May, 2007?
The short answer is that the motions were all defeated, a not unexpected outcome given the deference that the process effectively gives to the reporter in projects, and the cultural depth of acceptance of retribution regardless of function. It is hard to untangle the process from the result. There was substantial testimony from people unknown to me in favor of the first motion (to restrict the role of retribution both by proportionality and by some plausible connection to any social purpose served by punishment), but the discussion soon became clouded by the reporters suggestion (whether or not intentional) that my motion would add roles for retribution rather than limit them as compared to his draft. I suspect that many who voted were at least confused and at worst assumed that proportional severity serves only to limit utilitarian functions in the reporters draft. Critically, that misses the point of the debate. Under the draft, which is now set virtually in stone by the vote at the
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- What happened at the ALI annual meeting in May, 2007?
