Deep thoughts about punishment theory and the genius behind the MPC

Professor Anders Walker has now posted here on SSRN a great-looking new piece that should help me while I otherwise wait impatiently for the NCAA basketball tourney to get started. The piece is titled “American Oresteia: Herbert Wechsler, the Model Penal Code, and the Uses of Revenge,” and here is the abstract:

The American Law Institute recently revised the Model Penal Code’s sentencing provisions, calling for a renewed commitment to proportionality based on the gravity of offenses, the “blameworthiness” of offenders, and the “harms done to crime victims.”  Already, detractors have criticized this move, arguing that it replaces the Code’s original commitment to rehabilitation with a more punitive attention to retribution.  Yet, missing from such calumny is an awareness of retribution’s subtle yet significant role in both the drafting and enactment of the first Model Penal Code (MPC).  This article recovers that role by focusing on the retributive views of its first Reporter, Columbia Law Professor Herbert Wechsler. Though a dedicated utilitarian, Wechsler became increasingly aware of retribution’s value to sentencing over the course of his career, using that awareness to guide both the development and adoption of the MPC.  Recovering his view helps us to contextualize and perhaps even better appreciate the current revision’s emphasis on proportionality.