This essay is about the difficulties of doing criminal justice in the context of severe social injustice. Having been marginalized as citizens of the larger community, those who are victims of severe social injustice are understandably alienated from the dominant political institutions, and, not unreasonably, disrespect their authority, including that of the criminal law. The failure of equal treatment and protection and the absence of anything like fair and decent life prospects for the members of the marginalized populations erode the basis for its allegiance to demands of the political community. The criminal law thus occupies a problematic normative position with respect to lawbreakers in this population; in many cases, it finds itself in the position of convicting them for crimes for which the political community itself bears some significant responsibility. The attempt to administer criminal justice therefore faces a serious moral predicament; on the one hand, criminal law has a right and an..
Keywords No keywords specified (fix it)
Categories (categorize this paper)
DOI 10.1080/0020174X.2015.986854
Edit this record
Mark as duplicate
Export citation
Find it on Scholar
Request removal from index
Revision history

Download options

PhilArchive copy

Upload a copy of this paper     Check publisher's policy     Papers currently archived: 70,130
Through your library

References found in this work BETA

Reasons and Persons.Derek Parfit - 1984 - Oxford University Press.
Hypocrisy, Moral Address, and the Equal Standing of Persons.R. Jay Wallace - 2010 - Philosophy and Public Affairs 38 (4):307-341.
Second Treatise on Government.John Locke - 1690/1980 - In Elizabeth Schmidt Radcliffe, Richard McCarty, Fritz Allhoff & Anand Vaidya (eds.), Late Modern Philosophy: Essential Readings with Commentary. Blackwell.
Punishment, Communication and Community.Antony Duff - 2003 - In Derek Matravers & Jonathan E. Pike (eds.), Debates in Contemporary Political Philosophy: An Anthology. Routledge, in Association with the Open University.

View all 15 references / Add more references

Citations of this work BETA

Standing to Hold Responsible.James Edwards - 2019 - Journal of Moral Philosophy 16 (4):437-462.
Algorithms and the Individual in Criminal Law.Renée Jorgensen - forthcoming - Canadian Journal of Philosophy:1-17.
Hypocrisy, Inconsistency, and the Moral Standing of the State.Kyle G. Fritz - 2019 - Criminal Law and Philosophy 13 (2):309-327.
Does God Have the Moral Standing to Blame?Patrick Todd - 2018 - Faith and Philosophy 35 (1):33-55.

View all 14 citations / Add more citations

Similar books and articles

Property Offences as Crimes of Injustice.Emmanuel Melissaris - 2012 - Criminal Law and Philosophy 6 (2):149-166.
The Revolution and the Criminal Law.Adil Ahmad Haque - 2013 - Criminal Law and Philosophy 7 (2):231-253.
The Intrusion of Mercy.R. A. Duff - 2007 - Ohio State Journal of Criminal Law 4:361-87.
Responsibilities of Criminal Justice Officials.Kimberley Brownlee - 2010 - Journal of Applied Philosophy 27 (2):123-139.
International Criminal Courts and Political Reconciliation.Tracy Isaacs - 2016 - Criminal Law and Philosophy 10 (1):133-142.
Legal and Moral Responsibility.Antony Duff - 2009 - Philosophy Compass 4 (6):978-986.
Digging Up, Dismantling, and Redesigning the Criminal Law.Kimberley Brownlee - 2013 - Criminal Law and Philosophy 7 (1):169-178.


Added to PP index

Total views
105 ( #111,528 of 2,506,405 )

Recent downloads (6 months)
11 ( #68,373 of 2,506,405 )

How can I increase my downloads?


My notes