This concluding chapter confronts possible objections to the reconciliation of punishment and freedom offered in the book. It considers the arguments that the reconciliation is metaphysical rather than real and that a theory of penal justice is irrelevant to unjust social orders. The chapter also returns to the contrast between constitutional and moral theories of the penal law and shows how only the constitutional theory can reconcile criticism of law's theoretical foundations with fidelity to law as well as permit substantive judicial review of the penal law under a constitutional bill of rights.
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