Buffalo Law Review Volume 25 Number 1 Article 2 10-1-1975 Retribution in a Modern Penal Law: The Principle of Aggravated Harm Ronald J. Allen University at Buffalo School of Law Follow this and additional works at: https://digitalcommons.law.buffalo.edu/buffalolawreview Part of the Criminal Law Commons, Criminology and Criminal Justice Commons, Legal Theory Commons, and the Legislation Commons Recommended Citation Ronald J. Allen, Retribution in a Modern Penal Law: The Principle of Aggravated Harm, 25 Buff. L. Rev. 1 (1975). Available at: https://digitalcommons.law.buffalo.edu/buffalolawreview/vol25/iss1/2 This Article is brought to you for free and open access by the Law Journals at Digital Commons @ University at Buffalo School of Law. It has been accepted for inclusion in Buffalo Law Review by an authorized editor of Digital Commons @ University at Buffalo School of Law. For more information, please contact
[email protected]. RETRIBUTION IN A MODERN PENAL LAW: THE PRINCIPLE OF AGGRAVATED HARM RoNALD J. ALLEN* Surely to think of the apt expression of feeling-even if we call it moral indignation rather than revenge-as the ultimate justification of punishment is to subordinate what is primary to what is ancillary. We do not live in society in order to condemn, though we may con- demn in order to live.' Thus the old Gentleman ended his Harangue. The... [Legislature] heard it, and approved the Doctrine and immediately practised the 2 contrary,just as if it had been a common Sermon .... I O nSeptember 1, 1967, in the State of New York, the "first major and comprehensive revision of the Penal Law in the State of New York since 1881"s became effective.4 While much has been written of the revised Penal Law,5 one important aspect of it has received little *Assistant Professor of Law, Faculty of Law and Jurisprudence, State University of New York at Buffalo; B.S., Marshall University, 1970; J.D., University of Michigan, 1973.