| Autor: |
Clarkson, C. M. V. |
| Předmět: |
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| Zdroj: |
Criminal Law & Philosophy; Jun2008, Vol. 2 Issue 2, p131-135, 5p |
| Abstrakt: |
The article presents a commentary on Douglas Husak's argument concerning the justification of criminal law. Husak believes that the justification of both the criminal law and punishment needs to be relational. The author states that Husak's approach is reminiscent of Hart's model. He adds that Husak highlights the large gap between the law in action and the law in books. He challenges Husak's argument that philosophers of law rarely discusses how the discretion of police and prosecutors affects their theories of punishment. He concludes that the criminal justice system needs to be operated in a fair and consistent manner as well as all the efforts to structure prosecutorial discretion and mode of trial decisions. |
| Databáze: |
Complementary Index |
| Externí odkaz: |
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