The Scales of Injustice
This paper criticises four major approaches to criminal law – consequentialism, retributivism, abolitionism, and “mixed” pluralism – each of which, in its own fashion, affirms the celebrated emblem of the “scales of justice.” The argument is that there is a better way of dealing with the tensions th...
| Main Author: | |
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| Format: | Article |
| Language: | English |
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University of Windsor
2008-02-01
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| Series: | The Windsor Yearbook of Access to Justice |
| Online Access: | https://wyaj.uwindsor.ca/index.php/wyaj/article/view/4536 |
| _version_ | 1797722112855638016 |
|---|---|
| author | Charles Blattberg |
| author_facet | Charles Blattberg |
| author_sort | Charles Blattberg |
| collection | DOAJ |
| description | This paper criticises four major approaches to criminal law – consequentialism, retributivism, abolitionism, and “mixed” pluralism – each of which, in its own fashion, affirms the celebrated emblem of the “scales of justice.” The argument is that there is a better way of dealing with the tensions that often arise between the various legal purposes than by merely balancing them against each other. It consists, essentially, of striving to genuinely reconcile those purposes, a goal which is shown to require taking a new, “patriotic” approach to law. |
| first_indexed | 2024-03-12T09:42:48Z |
| format | Article |
| id | doaj.art-11e1f27ba63b4947b6b72fa91a34d8aa |
| institution | Directory Open Access Journal |
| issn | 2561-5017 |
| language | English |
| last_indexed | 2024-03-12T09:42:48Z |
| publishDate | 2008-02-01 |
| publisher | University of Windsor |
| record_format | Article |
| series | The Windsor Yearbook of Access to Justice |
| spelling | doaj.art-11e1f27ba63b4947b6b72fa91a34d8aa2023-09-02T13:05:50ZengUniversity of WindsorThe Windsor Yearbook of Access to Justice2561-50172008-02-0126110.22329/wyaj.v26i1.4536The Scales of InjusticeCharles Blattberg0Associate Professor of Political Philosophy, Department of Political Science, Université de Montréal; www.mapageweb.umontreal.ca/blattbec.This paper criticises four major approaches to criminal law – consequentialism, retributivism, abolitionism, and “mixed” pluralism – each of which, in its own fashion, affirms the celebrated emblem of the “scales of justice.” The argument is that there is a better way of dealing with the tensions that often arise between the various legal purposes than by merely balancing them against each other. It consists, essentially, of striving to genuinely reconcile those purposes, a goal which is shown to require taking a new, “patriotic” approach to law.https://wyaj.uwindsor.ca/index.php/wyaj/article/view/4536 |
| spellingShingle | Charles Blattberg The Scales of Injustice The Windsor Yearbook of Access to Justice |
| title | The Scales of Injustice |
| title_full | The Scales of Injustice |
| title_fullStr | The Scales of Injustice |
| title_full_unstemmed | The Scales of Injustice |
| title_short | The Scales of Injustice |
| title_sort | scales of injustice |
| url | https://wyaj.uwindsor.ca/index.php/wyaj/article/view/4536 |
| work_keys_str_mv | AT charlesblattberg thescalesofinjustice AT charlesblattberg scalesofinjustice |