The preventive justification argues that incarcerating a person for wrongful acts is justified insofar as it prevents that person from committing wrongful acts against society during the period of incarceration.
The rehabilitative justification argues that punishment is justified in virtue of the effect that it has on the moral character of the offender.
So-called outsider jurisprudence is concerned with providing an analysis of the ways in which law is structured to promote the interests of white males and to exclude females and persons of color.
Jurisprudence professors wrongly seek to judge the predictive theory as a unitary jurisprudential theory.
However, most people (law professors included) have not thought very hard about the various justifications for the content of most legal doctrines; indeed, they may have neither the time nor the ability to consider all of the possible justifications or conflicts among justifications that might be offered within the many areas of legal doctrine.
I suggest that jurisprudence has rarely emphasized the possibility of such conflicts within elites, assuming instead that the standard of the judge is paradigmatic and that of the litigator, executive official, legislator, or academic is parasitic on this perspective.
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