The Scales of Injustice
University of Montreal
Previous version published in Windsor Yearbook of Access to Justice, Vol. 26, No. 1, 2008.
This paper criticises four major approaches to criminal law – consequentialism, retributivism, abolitionism, and “mixed” pluralism – each of which, in its own fashion, affirms the celebrated emblem of the “scales of justice.” The argument is that there is a better way of dealing with the tensions that often arise between the various legal purposes than by merely balancing them against each other, one that consists of aiming to genuinely reconcile them instead. This different conception of practical reason is then shown to support a new approach to criminal law.
Number of Pages in PDF File: 28Accepted Paper Series
Date posted: April 21, 2011 ; Last revised: March 28, 2013
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