The Substance-Procedure Relationship in Criminal Law
This chapter takes on the relationship between substance and procedure in criminal law, arguing that it must be explained with reference to competing conceptions of underlying political and moral theory. Particularly concerned with the ways in which a system of criminal procedure is meant to implement the goals of substantive criminal law, it offers three models — rationalism, pluralism, and reductionism — and explores the extent to which they should be viewed as mutually compatible or incompatible.
Keywords: criminal law, substance, criminal procedure, rationalism, pluralism, reductionism
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