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Punishment, Responsibility, and JusticeA Relational Critique$
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Alan Norrie

Print publication date: 2000

Print ISBN-13: 9780198259565

Published to Oxford Scholarship Online: January 2010

DOI: 10.1093/acprof:oso/9780198259565.001.0001

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Criminal Justice after Kant

Criminal Justice after Kant

Chapter:
(p.1) 1 Criminal Justice after Kant
Source:
Punishment, Responsibility, and Justice
Author(s):

ALAN NORRIE

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780198259565.003.0001

It is necessary to understand Immanuel Kant and Kantianism and to move beyond them in a way that modern criminal justice thinking fails to do. This introductory chapter discusses the core ideas of a Kantian orthodox subjectivism, and then develops some objections to what constitutes its main problem, its individualist moral basis. Three main themes are examined: the ways in which Kantian individualism produces endemic false separation between an abstract conception of the individual and the broader social and moral context of his/her actions, and the effect of so doing; second, the inadequacy of an analytical model of legal reasoning to deal with the real character of individual agency, and the need for an alternative dialectical approach; and, third, the need to retrieve and defend what remains of moral value in Kantian individualism, and how this can be appreciated within a relational approach.

Keywords:   criminal justice, Kantianism, Immanuel Kant, orthodox subjectivism, individualism, legal reasoning, moral value, false separations

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