Critique of Criminal Justice


in Punishment, Responsibility, and Justice

Published in print October 2000 | ISBN: 9780198259565
Published online January 2010 | e-ISBN: 9780191710636 | DOI:

Series: Oxford Monographs on Criminal Law and Justice

Critique of Criminal Justice

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This chapter examines the nature of a critical approach to criminal justice. The three different kinds of critique present in Alan Norrie's work are discussed and related to the argument in his previous work, particularly Crime, Reason and History. A brief practical illustration of the way in which these critiques distinguish Norrie's approach from a modern revisionist account in the orthodox subjectivist tradition, that of Andrew Ashworth, is provided. The criticisms against Norrie's approach is related to the dialectical and anti-Kantian themes of his present argument. Norrie's approach is then related to a critique to the development of a critical tradition that includes Immanuel Kant, when understood as a critical philosopher, Georg Hegel, and, most recently, Roy Bhaskar. In a brief and necessarily limited sketch, this chapter describes Kant's relation to dialectical philosophy, and the dialectical inheritance he and Hegel passed down to Bhaskar's modern reworking. Punishment, criminal law, critical realism, and Kantian criminal justice thinking are also discussed.

Keywords: criminal justice; Alan Norrie; Andrew Ashworth; Immanuel Kant; Roy Bhaskar; Georg Hegel; dialectical philosophy; punishment; criminal law; critical realism

Chapter.  11774 words. 

Subjects: Comparative Law

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