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The Footnote to Athens: Comments on René Foqué

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Notes

  1. Foque (2008) (page references in the text are to the online version of this article).

  2. I have no reason to think that he would deny this, nor do I think that it is at all a bad thing.

  3. No doubt there are those who would argue otherwise but I cannot engage with that argument here. I shall, therefore, simply assert without argument and accept that my view might appear distinctly unsubtle.

  4. Nussbaum (1986, p. 25).

  5. See e.g. Hamptom (1990).

  6. Nussbaum op. cit., p. 349.

  7. Nussbaum op. cit., p. 345.

  8. I would argue that this would be so in the case of Radovan Karadzic: we must expect him to be dealt with in accordance with justice, but it is barely intelligible to suppose that to do justice the officials involved need to develop an ‘empathy’ or ‘care’.

References

  • Foque, R. (2008). Criminal justice in a democracy: Towards a relational conception of criminal law and punishment. Criminal Law and Philosophy (this issue). doi:10.1007/s11572-008-9063-4

  • Hamptom, J. (1990). Mens rea. Social Philosophy and Policy, 7, 1.

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  • Nussbaum, M. C. (1986). The fragility of goodness. Cambridge: Cambridge University Press.

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  1. Professor Emeritus, Department of Philosophy, University of Stirling, Pathfoot Building, Stirling, FK9 4LA, Scotland, UK

    Sandra Marshall

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  1. Sandra Marshall
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Correspondence to Sandra Marshall.

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Marshall, S. The Footnote to Athens: Comments on René Foqué. Criminal Law, Philosophy 2, 235–240 (2008). https://doi.org/10.1007/s11572-008-9061-6

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