Criminal Law and Philosophy 2 (2):99-122 (2008)
|Abstract||I take it as obvious that attempts to justify the criminal law must be sensitive to matters of criminalizationâto what conduct is proscribed or permitted. I discuss three additional matters that should be addressed in order to justify the criminal law. First, we must have a rough idea of what degree of deviation is tolerable between the set of criminal laws we ought to have and the set we really have. Second, we need information about how the criminal law at any given time and place is administered, since the law in action is bound to differ radically from the law on the books. Finally, we must have some basis for speculating what life would be like in the absence of a system of criminal justiceâif the state ceased to impose punishments|
|Keywords||No keywords specified (fix it)|
|Through your library||Configure|
Similar books and articles
Kimberley Brownlee (2008). Justifying Punishment: A Response to Douglas Husak. Criminal Law and Philosophy 2 (2):123-129.
François Tanguay-Renaud (2012). Individual Emergencies and the Rule of Criminal Law. In François Tanguay-Renaud & James Stribopoulos (eds.), Rethinking Criminal Law Theory: New Canadian Perspectives in the Philosophy of Domestic, Transnational, and International Criminal Law. Hart Publishing.
Michael S. Moore (1993). Act and Crime: The Philosophy of Action and its Implications for Criminal Law. Oxford University Press.
Douglas N. Husak (1999). Review Essay / Philosophical Analysis and the Limits of the Substantive Criminal Law. Criminal Justice Ethics 18 (2):58-67.
Malcolm Thorburn (2011). The Constitution of Criminal Law: Justifications, Policing and the Stateâ€™s Fiduciary Duties. Criminal Law and Philosophy 5 (3):259-276.
James Edwards (2011). Coming Clean About the Criminal Law. Criminal Law and Philosophy 5 (3):315-332.
Nicole A. Vincent (2010). On the Relevance of Neuroscience to Criminal Responsibility. Criminal Law and Philosophy 4 (1):77-98.
R. A. Duff (2010). Towards a Theory of Criminal Law? Aristotelian Society Supplementary Volume 84 (1):1-28.
Antony Duff & Stuart P. Green (eds.) (2011). Philosophical Foundations of Criminal Law. Oxford University Press.
Added to index2010-08-10
Total downloads22 ( #57,056 of 556,837 )
Recent downloads (6 months)1 ( #64,847 of 556,837 )
How can I increase my downloads?