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This book addresses the retributive and "orthodox subjectivist" theories that dominate criminal justice theory alongside recent "revisionist" and "postmodern" approaches. Norrie argues that all these approaches, together with their faults and contradictions, stem from their orientation to themes in Kantian moral philosophy. He explores an alternative relational or dialectical approach; examines the work of Ashworth, Duff, Fletcher, Moore, Smith, and Williams; and considers key doctrinal issues.
This book investigates whether the dominant theories of criminal justice, specifically retributivism and subjectivism, are fundamentally flawed due to their reliance on Kantian moral philosophy. Alan Norrie, a scholar in criminal law and legal theory, critiques the internal contradictions within contemporary legal thought. He proposes a relational or dialectical framework as a more robust alternative to the orthodox approaches that currently define the field. By analyzing the works of prominent legal theorists, Norrie seeks to expose the limitations of individualistic moral philosophy in the context of criminal responsibility.
What You Will Find
Legal scholars and academics frequently cite this work as a significant contribution to the critique of orthodox criminal jurisprudence. Readers often note the high level of philosophical density, making it a text primarily intended for advanced students and practitioners of legal theory.
Page Count:
256
Publication Date:
2001-01-11
Publisher:
Oxford University Press
ISBN-10:
0198259565
ISBN-13:
9780198259565
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