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Principles and Values in Criminal Law and Criminal Justice$
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Lucia Zedner and Julian V. Roberts

Print publication date: 2012

Print ISBN-13: 9780199696796

Published to Oxford Scholarship Online: September 2012

DOI: 10.1093/acprof:oso/9780199696796.001.0001

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Ashworth on Principles

Chapter:
(p.3) 1 Ashworth on Principles
Source:
Principles and Values in Criminal Law and Criminal Justice
Author(s):

John Gardner

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780199696796.003.0001

This chapter asks the logically prior question of what we mean by principles. Section 1 first clears up a couple of preliminary issues about the scope of the discussion. Sections 2 to 5 explore, by turns, four properties which Ashworth seems to ascribe to principles: generality, special force in argument, non-instrumentality, and categoricality. Section 6 reflects on links that may be thought to hold between these four properties, and arrives at a somewhat sceptical conclusion.

Keywords:   principle, generality, special force in argument, non-instrumentality, categoricality

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