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Principles and Values in Criminal Law and Criminal JusticeEssays in Honour of Andrew Ashworth$
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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

Ashworth on Principles

(p.3) 1 Ashworth on Principles
Principles and Values in Criminal Law and Criminal Justice

John Gardner

Oxford University Press

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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