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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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Critique of Criminal Justice

Critique of Criminal Justice

Chapter:
(p.43) 3 Critique of Criminal Justice
Source:
Punishment, Responsibility, and Justice
Author(s):

ALAN NORRIE

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780198259565.003.0003

This chapter examines the nature of a critical approach to criminal justice. The three different kinds of critique present in Alan Norrie's work are discussed and related to the argument in his previous work, particularly Crime, Reason and History. A brief practical illustration of the way in which these critiques distinguish Norrie's approach from a modern revisionist account in the orthodox subjectivist tradition, that of Andrew Ashworth, is provided. The criticisms against Norrie's approach is related to the dialectical and anti-Kantian themes of his present argument. Norrie's approach is then related to a critique to the development of a critical tradition that includes Immanuel Kant, when understood as a critical philosopher, Georg Hegel, and, most recently, Roy Bhaskar. In a brief and necessarily limited sketch, this chapter describes Kant's relation to dialectical philosophy, and the dialectical inheritance he and Hegel passed down to Bhaskar's modern reworking. Punishment, criminal law, critical realism, and Kantian criminal justice thinking are also discussed.

Keywords:   criminal justice, Alan Norrie, Andrew Ashworth, Immanuel Kant, Roy Bhaskar, Georg Hegel, dialectical philosophy, punishment, criminal law, critical realism

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