Abstract

http://ssrn.com/abstract=1881056
 
 

Footnotes (174)



 


 



Destroying the Village to Save It: The Warfare Analogy (or Dis-Analogy?) and the Moral Imperative to Address Collateral Consequences


Andrew E. Taslitz


American University - Washington College of Law

July 7, 2011

Howard Law Journal, Vol. 54, p. 501, 2011

Abstract:     
This paper is the introduction to a Howard Law Journal symposium on collateral consequences. To set the stage for the symposium, the paper examines the strengths and weaknesses of the analogy drawn between "collateral damage" in armed warfare and "collateral consequences" in the war on crime. The paper argues that these similarities and differences - which turn on concepts of certainty, particularity, and reciprocity of the harm - highlight the moral need to reform the law's treatment of collateral consequences. The paper concludes by summarizing the symposium articles and placing them into a framework that supports and illustrates the paper's main conclusions.

Number of Pages in PDF File: 38

Keywords: collateral consequences, war on crime, armed warfare, certainty, particularity, reciprocity, lawyering, lawyers, informed choice, indifferent, indifference, evil, innocence, autonomy, exclusion, citizenship, responsibility, Padilla

JEL Classification: A10, H40, I30, J70, K14

Accepted Paper Series





Download This Paper

Date posted: July 10, 2011  

Suggested Citation

Taslitz, Andrew E., Destroying the Village to Save It: The Warfare Analogy (or Dis-Analogy?) and the Moral Imperative to Address Collateral Consequences (July 7, 2011). Howard Law Journal, Vol. 54, p. 501, 2011. Available at SSRN: http://ssrn.com/abstract=1881056

Contact Information

Andrew E. Taslitz (Contact Author)
American University - Washington College of Law ( email )
4801 Massachusetts Avenue N.W.
Washington, DC 20016
United States
Feedback to SSRN


Paper statistics
Abstract Views: 535
Downloads: 46
Footnotes:  174

© 2014 Social Science Electronic Publishing, Inc. All Rights Reserved.  FAQ   Terms of Use   Privacy Policy   Copyright   Contact Us
This page was processed by apollo2 in 0.265 seconds