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Vindicating Criminal Law
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Abstract
In Offences and Defences, John Gardner argues that the capacity of the criminal law to displace retaliation is an essential part of its justification. That is true. But it does not exhaust the criminal law’s relation with retaliation. Well-constituted criminal law does not just displace retaliation; it dissipates the justification for it, by providing a better way of responding to the reasons which otherwise would warrant revenge—or so the argument goes in this chapter in honour of John.
Title: Vindicating Criminal Law
Description:
Abstract
In Offences and Defences, John Gardner argues that the capacity of the criminal law to displace retaliation is an essential part of its justification.
That is true.
But it does not exhaust the criminal law’s relation with retaliation.
Well-constituted criminal law does not just displace retaliation; it dissipates the justification for it, by providing a better way of responding to the reasons which otherwise would warrant revenge—or so the argument goes in this chapter in honour of John.
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