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The Elementary Epistemic Arithmetic of the Law II: The Inadequate Resources of Moral Theory for Dealing with the Criminal Law

17 Pages Posted: 21 Apr 2011 Last revised: 14 Aug 2011

Larry Laudan

University of Texas School of Law

Date Written: April 19, 2011

Abstract

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

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

Larry Laudan (Contact Author)

University of Texas School of Law ( email )

727 East Dean Keeton Street
Austin, TX 78705
United States

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