The Elementary Epistemic	Arithmetic of the Law	II: The Inadequate Resources of	Moral Theory for Dealing with the Criminal Law

Laudan, Larry

doi:10.2139/ssrn.1815311

Abstract

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The Elementary Epistemic Arithmetic of the Law II: The Inadequate Resources of Moral Theory for Dealing with the Criminal Law

Larry Laudan

University of Texas School of Law

April 19, 2011

U of Texas Law, Public Law Research Paper No. 193

Abstract:
This paper explores whether deontological moral theories have the conceptual resources to give an account of how the standard of proof is set or how just punishments can be defined. It concludes that, so long as deontologists fail to offer non-arbitrary machinery for quantifying 'moral harm', they will be unable to propound either a theory of proof or a theory of punishment.

Number of Pages in PDF File: 17

Keywords: standard of proof, deontology, punishment, rules of trial

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Date posted: April 21, 2011 ; Last revised: August 14, 2011

Suggested Citation

Laudan, Larry, The Elementary Epistemic Arithmetic of the Law II: The Inadequate Resources of Moral Theory for Dealing with the Criminal Law (April 19, 2011). U of Texas Law, Public Law Research Paper No. 193. Available at SSRN: http://ssrn.com/abstract=1815311 or http://dx.doi.org/10.2139/ssrn.1815311

Contact Information

Larry Laudan (Contact Author)

University of Texas School of Law

727 East Dean Keeton Street
Austin, TX 78705
United States