Liberalism and the Changing Character of the Criminal Law: Response to Ashworth and Zedner
- Rowan Cruft
- … show all 1 hide
Rent the article at a discountRent now
* Final gross prices may vary according to local VAT.Get Access
Ashworth and Zedner outline seven changing aspects of the criminal law––namely, the greater use of diversion, fixed penalties, summary trials, hybrid processes like ASBOs, strict liability, incentives to plead guilty and preventive orders. They criticise these changes insofar as they diverge from what they call ‘a liberal conception of criminal justice’ which ‘emphasises both the purpose of the criminal law in providing for censure and punishment and the need to respect the autonomy and dignity of individuals in the criminal process’.
Ashworth and Zedner (2007), subheading ‘Introduction’.According to this liberal model, criminal law is an institution that responds to responsible individuals, punishing them only for serious wrongs they performed as responsible individuals. Few of the seven changes listed escape criticism when held up to the requirements of that liberal model. The only changes compatible with this model are perhaps (1) the use of diversion for young people and for minor
- Ashworth, A. & Zedner, L. (2007). Defending the criminal law: Reflections on the changing character of crime, procedure, and sanctions. Criminal Law and Philosophy, doi: 10.1007/s11572-007-9033-2.
- Duff, R. A. (2001). Punishment, communication and community. Oxford: Oxford University Press.
- Kramer, M. H. (2005). Moral rights and the limits of the ought-implies-can principle: why impeccable precautions are no excuse. Inquiry, 48(4), 307–355.
- O’Neill, O. (1989). Constructions of reason: Explorations of Kant’s practical philosophy. Cambridge: Cambridge University Press.
- O’Neill, O. (2002). A question of trust. Cambridge: Cambridge University Press.
- Rawls, J. (1971). A theory of justice. Oxford: Oxford University Press.
- Wiggins, D. (2006). Ethics: Twelve lectures on the philosophy of morality. Penguin.
- Williams, B. (1981). Moral luck. Cambridge: Cambridge University Press.
- Liberalism and the Changing Character of the Criminal Law: Response to Ashworth and Zedner
Criminal Law and Philosophy
Volume 2, Issue 1 , pp 59-65
- Cover Date
- Print ISSN
- Online ISSN
- Springer Netherlands
- Additional Links
- Industry Sectors
- Rowan Cruft (1)
- Author Affiliations
- 1. Department of Philosophy, University of Stirling, Stirling, FK9 4LA, Scotland