Norrie, Alan W. (2010) Alan Brudner and the dialectics of criminal law. Working Paper. Coventry: University of Warwick. Warwick School of Law Research Paper (Number 2010/24).

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Abstract

This paper considers Alan Brudner's theory of punishment and criminal law in the light of his renewal of a 'political' account which rests alongside the existing 'moral' and 'critical' accounts in the field. It supports the political account vis a vis the moral account but finds it wanting vis a vis the critical. It discusses the problems of a tripartite account of freedom (formal, real and communal) in Brudner's work in the light of the cases of DPP v Morgan and R v Steane, and in particular the difficulty in holding the three parts apart. From a critical perspective, it suggest that Brudner may not have achieved a synthesis but simply managed to reformulate the existing tensions in the law. The paper ends with consideration of the old problem of 'just deserts in an unjust society'.

Item Type:	Working or Discussion Paper (Working Paper)
Divisions:	Faculty of Social Sciences > School of Law
Series Name:	Warwick School of Law Research Paper
Publisher:	University of Warwick
Place of Publication:	Coventry
Official Date:	25 October 2010
Dates:	Date Event 25 October 2010 Published
Number:	Number 2010/24
Number of Pages:	17
Status:	Peer Reviewed
Publication Status:	Published
Access rights to Published version:	Open Access (Creative Commons)
Open Access Version:	SSRN

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