17 Pages Posted: 21 Apr 2011 Last revised: 14 Aug 2011
Date Written: April 19, 2011
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.
Keywords: standard of proof, deontology, punishment, rules of trial
Suggested Citation: 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: https://ssrn.com/abstract=1815311 or http://dx.doi.org/10.2139/ssrn.1815311