Chapter

Ashworth on Principles

John Gardner

in Principles and Values in Criminal Law and Criminal Justice

Published in print August 2012 | ISBN: 9780199696796
Published online September 2012 | e-ISBN: 9780191742293 | DOI: http://dx.doi.org/10.1093/acprof:oso/9780199696796.003.0001
Ashworth on Principles

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This chapter asks the logically prior question of what we mean by principles. Section 1 first clears up a couple of preliminary issues about the scope of the discussion. Sections 2 to 5 explore, by turns, four properties which Ashworth seems to ascribe to principles: generality, special force in argument, non-instrumentality, and categoricality. Section 6 reflects on links that may be thought to hold between these four properties, and arrives at a somewhat sceptical conclusion.

Keywords: principle; generality; special force in argument; non-instrumentality; categoricality

Chapter.  8563 words. 

Subjects: Criminal Law

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