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Distributive And Retributive Justice In Canada, Patrick Kerans
Distributive And Retributive Justice In Canada, Patrick Kerans
Dalhousie Law Journal
The publications of the Law Reform Commission raise many ethical issues. One question - how distributive justice affects the working of retributive justice - is raised in several of their studies but not yet explicitly faced. This paper' approaches the question by way of a reflection on Paul Weiler's lucid and balanced argument, presented in "The Reform of Punishment". 2 1 fully agree with the polemic thrust of Weiler's essay, namely, that the rehabilitative model of corrections, which views crime as a disease, is inadequate and leads to injustice. What I aim to do here is to analyse and subject …
Radical Criminology And The Law Reform Commission Of Canada – A Reply To Professor M. R. Goode, John Barnes, Randal Marlin
Radical Criminology And The Law Reform Commission Of Canada – A Reply To Professor M. R. Goode, John Barnes, Randal Marlin
Dalhousie Law Journal
Professor M. R. Goode' has recently attacked the criminal law work of the Law Reform Commission of Canada as "profoundly unsatisfactory" ' because the Commission has apparently adopted an outmoded theory of the criminal process. He maintains that the approach of the Commission has been vitiated by ... what may be loosely called a liberal-positivist ideology, which fails to question the most fundamental bases of the criminal process in a democratic capitalist society and the faiths which underlie them. This failing to question or to-give written consideration to current criticisms of this ideology has led, in Goode's view, to "the …