Koh on Univitalism and American Law @BCLAW

Steven Arrigg Koh, Boston College Law School, has published Univitalism and American Law. Here is the abstract.

Curiously, the English language lacks a word for “the belief that human beings only live once.” This Essay, as an initial matter, coins this term: univitalism (from the Latin, "uni-" and "vita"). Univitalism is a long-held belief in the United States, prevalent amongst those with both sacred and secular views. It is so common, in fact, that is assumed by American Jews, Christians, Muslims, atheists, and agnostics alike — and thus integral to the reasoning of U.S. legal and political decisionmakers. By contrast, many Eastern societies and a significant minority of Americans subscribe to a “multivitalist” worldview, wherein individuals are reborn. This Essay historically surveys how univitalism has shaped American law and policy; it also considers how, in turn, American law reifies univitalism. In particular, this Essay will show how univitalism is integral to contemporary U.S. substantive criminal law, sentencing, and broader theories of punishment. A contrasting comparative view — adopted in certain international criminal tribunals and foreign criminal legal jurisdictions — will underscore this analysis. This Essay will argue that univitalism places particular emphasis on retribution and may exacerbate punitiveness in American criminal law.

The full text is not available from SSRN.