The Takings Doctrine and the Principle of Legality

Pre-review version of a chapter in The Routledge Handbook of the Philosophy and Science of Punishment, eds. Farah Focquaert et al., Forthcoming

UNC Legal Studies Research Paper

12 Pages Posted: 20 Dec 2018

See all articles by Michael Louis Corrado

Michael Louis Corrado

University of North Carolina School of Law

Date Written: December 18, 2018

Abstract

The prohibitions of the criminal law promise an arena within which we may pursue our lives pretty much free of the fear of being preyed upon by our less scrupulous neighbors; but that arena of freedom can be threatened by the intrusions that the state makes use of to enforce those very prohibitions. The limits that keep the state from overstepping its bounds, traditionally thought to be called for by the notions of moral responsibility and desert, are instead called for by the promise itself of personal freedom made by the criminal law. But beyond the limits on the state's use of force, and in the absence of responsibility and desert, fairness calls for some amount of compensation for those detainees whose liberty is sacrificed to safeguard the community.

Suggested Citation

Corrado, Michael Louis, The Takings Doctrine and the Principle of Legality (December 18, 2018). Pre-review version of a chapter in The Routledge Handbook of the Philosophy and Science of Punishment, eds. Farah Focquaert et al., Forthcoming, UNC Legal Studies Research Paper, Available at SSRN: https://ssrn.com/abstract=3303509 or http://dx.doi.org/10.2139/ssrn.3303509

Michael Louis Corrado (Contact Author)

University of North Carolina School of Law ( email )

Van Hecke-Wettach Hall, 160 Ridge Road
CB #3380
Chapel Hill, NC 27599-3380
United States

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