Criminal Justice in a Democracy: Towards a Relational Conception of Criminal Law and Punishment [Book Review]
David Bourget (Western Ontario)
David Chalmers (ANU, NYU)
Rafael De Clercq
Jack Alan Reynolds
Learn more about PhilPapers
Criminal Law and Philosophy 2 (3):207-227 (2008)
This article starts from the observation that in classical Athens the discovery of democracy as a normative model of politics has been from the beginning not only a political and a legal but at the same time a philosophical enterprise. Reflections on the concept of criminal law and on the meaning of punishment can greatly benefit from reflections on Athenian democracy as a germ for our contemporary debate on criminal justice in a democracy. Three main characteristics of the Athenian model will be analysed: the self-instituting capacity of a democracy based on participatory and reflective citizenship, political power as the capacity of citizens for co-operating and co-acting with others, and the crime of hubris as one of the key issues in Athenian criminal law. These analyses will lead to the conclusion that one of the key issues of a democratic legal order lies in its capacity of recognizing the fragility of the human condition and of developing workable and effective standards of justice in that context. A relational conception of criminal law and punishment, based on proportionality, reflexivity, mutual respect and responsibility fits best with a democracy under the rule of law
|Keywords||History of ideas Democracy The rule of law Punishment The human condition Citizenship Relational conception of law Legal history Legal anthropology|
|Categories||categorize this paper)|
Setup an account with your affiliations in order to access resources via your University's proxy server
Configure custom proxy (use this if your affiliation does not provide a proxy)
|Through your library|
References found in this work BETA
No references found.
Citations of this work BETA
No citations found.
Similar books and articles
Katrina Sifferd (2012). Changing the Criminal Character: Nanotechnology and Criminal Punishment. In A. Santosuosso (ed.), Proceedings of the 2011 Law and Science Young Scholars Symposium. Pavia University Press.
John Gardner (2007). Offences and Defences: Selected Essays in the Philosophy of Criminal Law. Oxford University Press.
Austin Sarat, Lawrence Douglas & Martha Merrill Umphrey (eds.) (2011). Law as Punishment/Law as Regulation. Stanford Law Books.
Matthew H. Kramer (ed.) (2008). The Legacy of H.L.A. Hart: Legal, Political, and Moral Philosophy. Oxford University Press.
Alejandro Chehtman (2010). The Philosophical Foundations of Extraterritorial Punishment. Oxford University Press.
Larry May & Zachary Hoskins (eds.) (2010). International Criminal Law and Philosophy. Cambridge University Press.
Matt Matravers (2008). Comments on Foqué, “Criminal Justice in a Democracy”. Criminal Law and Philosophy 2 (3):229-233.
Alan W. Norrie (2000). Punishment, Responsibility, and Justice: A Relational Critique. Oxford University Press.
Added to index2010-08-10
Total downloads23 ( #81,683 of 1,140,280 )
Recent downloads (6 months)1 ( #142,694 of 1,140,280 )
How can I increase my downloads?