A criminal law for citizens

Rather than appealing to penal parsimony as a constraint on the otherwise insatiable demands of the criminal justice system, we should develop a positive account of the proper aims of criminal law which shows parsimony, or moderation, to be integral to those aims. We can do this by developing a repu...

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Bibliographic Details
Published in:Theoretical criminology 2010-08, Vol.14 (3), p.293-309
Main Author: Duff, R.A.
Format: Article
Language:English
Subjects:
Citizens
Citizenship
Conceptualization
Criminal Justice
Criminal Law
Criminology
Ideology
Law
Legal norms
Litigation
Political theory
Punishment
Republicanism
Respect
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Summary:Rather than appealing to penal parsimony as a constraint on the otherwise insatiable demands of the criminal justice system, we should develop a positive account of the proper aims of criminal law which shows parsimony, or moderation, to be integral to those aims. We can do this by developing a republican conception of criminal law as a law that citizens impose on themselves: such a law will be modest in its scope, and will provide a criminal process of trial and punishment that addresses those subjected to it with the respect due to them as citizens.
ISSN:1362-4806
1461-7439
DOI:10.1177/1362480610369784