Abstract
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..
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DOI 10.1080/0020174X.2015.986854
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References found in this work BETA

Reasons and Persons.Derek Parfit - 1984 - Oxford University Press.
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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

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