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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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The Limits of Kantian Justice

The Limits of Kantian Justice

Chapter:
(p.21) 2 The Limits of Kantian Justice
Source:
Punishment, Responsibility, and Justice
Author(s):

ALAN NORRIE

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780198259565.003.0002

This chapter looks at current debates in criminal justice thinking and identifies dialectical themes of connection and false separation. It proceeds by employing a method of immanent critique to show how philosophically sophisticated, state-of-the-art, accounts of liberal criminal justice theory reveal its inherent limits, contradictions, and problems. The first account, by Antony Duff, is a defence of criminal justice thinking against the critical charge that the criminal law is inherently composed of contradictions, and it therefore discusses the commitment of liberal theory to a rationalistic model of criminal justice. This involves a false separation of issues that are intrinsically connected, but one that is as necessary to create as it is impossible to defend if a moral view of criminal justice is to be attempted. The second essay, by John Gardner, itself presents a telling critique, of Aristotelian provenance, of the limits of a Kantian account of the individual within criminal justice thinking.

Keywords:   Kantian justice, criminal justice, Antony Duff, John Gardner, false separation, criminal law, liberal theory, contradictions

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