The Scales of Injustice

29 Pages Posted: 21 Apr 2011 Last revised: 30 Jan 2015

Date Written: January 29, 2015

Abstract

This paper criticizes 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 balancing them against each other. For we should aim to genuinely reconcile them instead.

Keywords: Law, Criminal Law, Criminal Procedure, Criminal Justice, Republicanism, Liberalism, Dialogue, Legal Theory, Legal Pluralism, Hegel, Restorative Justice, Consequentialism, Bentham, Philosophy of Punishment, Ronald Dworkin, Dialogism, Legal Philosophy, Monism, Pluralism, Value pluralism, Holism, H.L.A

Suggested Citation

Blattberg, Charles, The Scales of Injustice (January 29, 2015). Previous version published in Windsor Yearbook of Access to Justice, Vol. 26, No. 1, 2008. , Available at SSRN: https://ssrn.com/abstract=1816503

Charles Blattberg (Contact Author)

University of Montreal ( email )

C.P. 6128 succursale Centre-ville
Montreal, Quebec H3C 3J7
Canada
514-343-6111ex.40898 (Phone)

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