Ashworth on Principles

Abstract

Andrew Ashworth's vast body of work on criminal law and criminal justice is pervaded by appeals to 'principle'. What do these appeals amount to? In this essay I trawl Ashworth's writings for clues, and come up with the proposals that principles are (a) more general than other reasons for action; (b) more powerful than other reasons for action; (c) non-instrumental reasons for action; and (d) categorical reasons for action. I assess these proposals and see whether any of them, individually or in combination, could give principles the role in his thinking about law and life that Ashworth wants and needs them to have. I offer a somewhat sceptical answer to that question.

Keywords: Andrew Ashworth, law, principle, rule, policy, general, instrumental, categorical