The Elementary Epistemic Arithmetic of the Law II: The Inadequate Resources of Moral Theory for Dealing with the Criminal Law
University of Texas School of Law
April 19, 2011
U of Texas Law, Public Law Research Paper No. 193
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.
Number of Pages in PDF File: 17
Keywords: standard of proof, deontology, punishment, rules of trial
Date posted: April 21, 2011 ; Last revised: August 14, 2011