Chapter

A Human Right to a Fair Criminal Law

Victor Tadros

in Essays in Criminal Law in Honour of Sir Gerald Gordon

Published by Edinburgh University Press

Published in print October 2010 | ISBN: 9780748640706
Published online March 2012 | e-ISBN: 9780748651450 | DOI: http://dx.doi.org/10.3366/edinburgh/9780748640706.003.0018
A Human Right to a Fair Criminal Law

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This chapter investigates whether there is a human right to a fair criminal law. It considers three different ideas of a human right. A positivist idea indicates that the human rights that we have are those that have been institutionalised. An institutional idea indicates that the human rights that we have are those that we ought to institutionalise under certain (perhaps more ideal) conditions. A moral idea of human rights indicates that we have a human right not to be treated in ways that imply that we lack the status as morally autonomous human beings. In affirming this last idea we recognise that we have human rights that ought not to be institutionalised even under more ideal social and political conditions.

Keywords: human rights; fair criminal law; institutions; punishment

Chapter.  10542 words. 

Subjects: Criminal Law

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