Indiana Law Journal Volume 74 Issue 2 Article 5 Spring 1999 Revenge on Utilitarianism: Renouncing a Comprehensive Economic Theory of Crime and Punishment William L. Barnes Jr. Indiana University School of Law Follow this and additional works at: https://www.repository.law.indiana.edu/ilj Part of the Criminal Law Commons, and the Law and Economics Commons Recommended Citation Barnes, William L. Jr. (1999) "Revenge on Utilitarianism: Renouncing a Comprehensive Economic Theory of Crime and Punishment," Indiana Law Journal: Vol. 74 : Iss. 2 , Article 5. Available at: https://www.repository.law.indiana.edu/ilj/vol74/iss2/5 This Note is brought to you for free and open access by the Law School Journals at Digital Repository @ Maurer Law. It has been accepted for inclusion in Indiana Law Journal by an authorized editor of Digital Repository @ Maurer Law. For more information, please contact
[email protected]. Revenge on Utilitarianism: Renouncing a Comprehensive Economic Theory of Crime and Punishmentt WILLIAM L. BARNES, JR. The economic analysis of law has produced a great bounty in a number of fields, including those of tort, contract, and property law, among others.' However, the economic analysis of the criminal law has failed to gain the same widespread acceptance, and has not entered the "mainstream of legal scholarship." 2 Since Gary Becker's seminal article,3 various scholars have either endeavored to resolve the economic model's inherent inconsistencies4 or have rejected the model entirely.' While I tend to side with those who reject the economic model, the purpose of this Note is not to suggest that law and economics scholars wholly refrain from commenting on the criminal law.6 Rather, in discussing the limits of the economic model as a useful tool for enhancing our t © 1999 William L.