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.